Food Regulator Orders Removal Of Any Products Misleadingly Labelled 'ORS'

The Food Safety and Standards Authority of India (FSSAI) issued an order on Wednesday directing the immediate removal of fruit-based beverages, ready-to-serve drinks, energy drinks, electrolyte drinks and similar products that use the term "ORS" in their brand names or product names.

FSSAI stated that these products are being sold in retail stores and on e-commerce platforms, even though earlier orders had already withdrawn permission to use the term "ORS" for such drinks.

FSSAI referred to its previous orders from October 14 and the clarification issued on October 15, which said that no food product, whether fruit-based, non-carbonated or ready-to-drink, can use the term "ORS" in the trademarked name or in any form, including as a prefix or suffix. Using the term in this way violates the Food Safety and Standards Act, 2006. Despite these directions, FSSAI noted that many such products continue to be sold under names that include "ORS".

To stop this, FSSAI has instructed officers to carry out immediate inspections on e-commerce platforms and retail outlets to identify food products that violate the orders by using the term "ORS". If found, these products must be removed from sale, and regulatory action must be taken against the companies involved. Officers must also send a detailed action taken report to FSSAI, listing inspections, violations, and the status of product removal.

The authority instructed all officers to make sure there is no interference in the storage, distribution or sale of WHO-recommended ORS drug products.

Enforcement activities must only target non-compliant food products that are falsely using the term "ORS".

Earlier on October 31, the Delhi High Court said it would not interfere with the decision of the Food Safety and Standards Authority of India (FSSAI) prohibiting the use of the term "ORS" on beverages, observing that counterfeit or misleading ORS-labelled products pose a serious risk to public health.

The Bench noted that public health must take precedence over commercial considerations and clarified that a detailed judgment will follow.

The observation was made while hearing a petition filed by Dr. Reddy's Laboratories, which had challenged the FSSAI's notification barring the manufacture and sale of drinks bearing the expression "ORS" (Oral Rehydration Solution) in their brand names or trademarks.

The FSSAI had earlier stated that the term "ORS " can only be used for formulations meeting World Health Organisation (WHO) standards for oral rehydration solutions.

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