https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

ORS Trademark Ban: Delhi HC Says “No License to Deceive Consumers” – Dr Reddy’s Challenges FSSAI

Justice Sachin Datta of Delhi High Court issued critical clarifications on ORS trademark controversy, stating earlier order wasn't meant to allow continued manufacture of beverages with misleading ORS labels as companies misinterpreted on social media.
Indian Masterminds Stories

New Delhi: The Delhi High Court on Tuesday issued crucial clarifications regarding its earlier order on the controversial issue of beverages carrying misleading ‘ORS’ (Oral Rehydration Solution) labels, setting the record straight after widespread social media misinterpretation.

Justice Sachin Datta made it explicitly clear that the court’s October 17, 2025 order was not intended as a blanket permission for food business operators to continue manufacturing and styling their beverages as ORS products with an aim to deceive consumers.

The clarification came while hearing a separate petition filed by pharmaceutical giant Dr Reddy’s Laboratories challenging the Food Safety and Standards Authority of India’s (FSSAI) orders dated October 14 and 15, 2025.

Background of the ORS Trademark Ban Controversy

The FSSAI had withdrawn earlier approvals that permitted the use of the term ‘ORS’ with prefixes or suffixes in registered trademarks for electrolyte and beverage products. This decision followed an eight-year crusade by Hyderabad-based paediatrician Dr Sivaranjani Santosh, who exposed how misleading ORS-branded drinks were endangering children’s lives.

Read Also: SC’s Big Move: 8-Week Deadline to Enforce Student Mental Health Guidelines in India

The regulatory authority clarified that using ORS, even with prefixes or suffixes in trademarked names, constitutes a violation of the Food Safety and Standards Act, 2006, unless the product strictly complies with the World Health Organisation (WHO) formulation for oral rehydration solution.

ORS Trademark Ban: Court’s Stern Warning to FSSAI Over Delayed Decision

Justice Datta expressed strong displeasure over FSSAI’s tardiness in deciding the matter, stating, “I would have restrained the manufacturers from manufacturing fresh batches had I known that the FSSAI would take two weeks to make a decision.”

The judge emphasized that the consent order passed on October 17 was specifically designed to enable FSSAI to take requisite steps after considering representations from affected companies. “It wasn’t to allow all these manufacturers to continue manufacturing these products. The idea was that the FSSAI would do the needful in two to three days,” Justice Datta remarked.

The court noted FSSAI counsel’s submission that the authority will decide the matter by Friday. However, Justice Datta warned, “If you [FSSAI] are unable to do it, you move an application. I contemplate passing orders to restrain the manufacturers from manufacturing.”

Social Media Misinterpretation and Clarification on ORS Trademark Ban

The October 17 order protecting JNTL Consumer Health India—the Indian subsidiary of American company Kenvue—was widely portrayed on social media platforms as the court having permitted food business operators (FBOs) to continue manufacturing beverages and styling them as ORS.

However, Justice Datta categorically rejected this interpretation, clarifying that the consent order’s objective was solely to enable FSSAI to make an informed decision after considering JNTL’s representation, not to provide manufacturers with continued license to produce potentially misleading products.

Dr Reddy’s Laboratories Enters the Legal Battle for ORS Trademark Ban

Dr Reddy’s Laboratories has challenged the FSSAI’s October 14 and 15 orders, arguing that their product ‘Rebalanz VITORS’ carries all the disclaimers required by WHO and other organisations.

The company’s counsel informed the court that proper labelling and disclaimers have been incorporated to ensure consumers are not misled. The matter has been scheduled for further hearing on October 31, 2025.

WHO Guidelines for ORS 

According to WHO standards, genuine oral rehydration solution must contain a precise formulation of sodium chloride, glucose anhydrous, potassium chloride, and trisodium citrate dihydrate in one litre of water.

Many commercial beverages using the ORS label contain 8 to 10 times more sugar than the WHO-recommended formula and often lack the critical electrolyte balance necessary for treating dehydration effectively.

Public Health Implications and Expert Concerns

Health experts have raised serious concerns about these misleading products. Dr Sivaranjani Santosh, who fought tirelessly for eight years on this issue, documented multiple cases where children suffered severe dehydration despite consuming products marketed as ORS.

Read Also: Supreme Court Sends Strong Message on COVID-19 Doctors Compensation — Govt Asked to Act Fast

If a label says ‘not ORS’, the branding still confuses parents,” Dr Santosh explained. In India, diarrhoea accounts for 13% of deaths in children under five years, and only 60% receive proper ORS treatment according to NFHS-5 data.

The JNTL Consumer Health Case

JNTL Consumer Health manufactures and markets the popular hydration drink ORSL. The company argued that FSSAI’s withdrawal was effected without prior notice, consultation, or hearing, violating the Food Safety and Standards Act, 2006, and related rules.

JNTL submitted that products worth approximately ₹155-180 crore were currently in the supply chain, and the abrupt reversal would cause irreparable harm to its brand and goodwill built over two decades.

The company also referenced the Controller General of Patents, Designs and Trademarks’ view, which confirmed that “ORS” with prefixes or suffixes can form part of a composite mark under Section 17 of the Trade Marks Act, 1999.

FSSAI’s October 14 Directive and Its Implications

The FSSAI’s October 14, 2025 advisory explicitly states that any food or drink product using the term “ORS,” including with prefixes or suffixes like “Smart ORS” or “Hydra ORS,” would be considered misbranded under the Food Safety and Standards Act, 2006.

The directive withdrew two earlier FSSAI circulars issued on July 14, 2022, and February 2, 2024, which had allowed limited use of the term ‘ORS’ with disclaimers. The fresh order closed this loophole entirely.

The Road Ahead: Next Hearing Scheduled

The court has scheduled the next hearing for October 31, 2025, where it will examine Dr Reddy’s Laboratories’ petition in detail and monitor FSSAI’s compliance with the directive to expeditiously decide on pending representations.

The case represents a crucial intersection of trademark rights, food safety regulations, consumer protection, and public health concerns, with far-reaching implications for the food and beverage industry in India.

ORS Trademark Ban: Consumer Advisory and Vigilance

Until the regulatory matter is fully resolved, parents and caregivers are strongly advised to use only WHO-approved ORS sachets for treating childhood dehydration and diarrhoea.

Medical professionals emphasize that giving children sugary drinks during diarrhoea or vomiting can worsen dehydration, as excessive sugar alters the osmotic balance and draws more fluid into the bowel instead of helping absorb it.


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
NHIDCL
NHIDCL Approves Rs 116 Crore Project for Reconstruction of 20.44 km Jhanji-Demow Stretch in Assam to Enhance Connectivity
CM Dr mohan
Madhya Pradesh to Launch Integrated Passenger Transport Platform Under CM Mohan Yadav; App-Based Bus Booking Coming Soon
Mohan Yadav RTE
Industrialists Praise MP CM Mohan Yadav’s Leadership; ₹8,000 Crore Investment Announced in Madhya Pradesh
Guna rainwater conservation
MP’s Guna Municipal Council Honoured with 6th National Water Award for Rainwater Conservation
Mohan Yadav CM
CM Dr. Mohan Yadav Pushes to Recognize Tourism as Industry, Boosts Health & Wellness Tourism in Madhya Pradesh
Yogi Adityanath Ayodhya visit in Diwali
Uttar Pradesh Tourism Makeover: 408 Sites to Get World-Class Amenities Under CM Yogi
Bihar Road
From Villages to Vital Roads: UP Govt Allocates Rs 7.97 Crore for Rural Road Development in Bareilly, Shahjehanpur, Pilibhit & Badaun
Bhupendra Patel CM
CM Fellowship Workshop: Gujarat’s Young Leaders Drive Technology-Backed Governance Reforms
ADVERTISEMENT
ADVERTISEMENT
Videos
IPS Abhishek Yadav
Inside IPS Abhishek Yadav’s Mission to Build a Smarter, Kinder Police Force in Pilibhit
Syed Waquar Raza, DIG, Murshidabad
Decoding India’s Internal Security Challenges with A UPSC Guru
Dara Kavitha
IPS Dara Kavitha: The Cyber Guardian of Hyderabad’s Digital Frontier
ADVERTISEMENT
UPSC Stories
WhatsApp Image 2025-11-18 at 6.54
5 Years, 4 Attempts, 4 Interviews: How Aditi Jain’s ‘Manifest Your Dream’ Formula Helped Her Crack MPPSC-2023 with Rank 10
From a small village in Chhatarpur, Aditi Jain cracked MPPSC 2023 with Rank 10, turning financial struggles...
hajhajshajsh
Years Without Results, Yet Unshaken: How Vivek Agrawal Became MPPSC Rank 1 in DSP After 6 Attempts and 4 Interviews
Vivek Agrawal, after four consecutive interviews and years of uncertainty, secured Rank 1 in MPPSC 2023...
Ajit Kumar Mishra MPPSC 2023
A Scholarship, A Dream & Rank-1: How Ajit Kumar Mishra Cracked MPPSC-2023 in 4 Attempts - A Story of Grit and Glory (Exclusive)
Ajit Mishra, hailing from a small village in Panna, achieved MPPSC Rank-1 in his fourth attempt, rising...
Social Media
IFS leaf-whistling viral video
IFS Officer Shares Video of Tiger Reserve Guide’s Leaf-Whistling Talent, Internet Tries to Guess the Tune
Jaldapara National Park Guide Shows Extraordinary Leaf-Whistling Skills, Goes Viral
Shalabh Sinha IPS Singing
Who is IPS Shalabh Sinha? The Bastar SP Whose Kishore Kumar Rendition Took Social Media by Storm
IPS officer Mr. Shalabh Sinha’s soulful performance of “Rimjhim Gire Sawan” at Dalpat Sagar goes viral,...
IAS L.V
Clean Skies vs Choking Smog: Ex-IAS L V Nilesh's Critiquing Post Comparing Delhi’s Smog to U.S. Skies Sparks National Outrage
Ex-IAS officer Mr. L.V. Nilesh’s viral post comparing Delhi’s polluted air to the U.S. has reignited...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
NHIDCL
NHIDCL Approves Rs 116 Crore Project for Reconstruction of 20.44 km Jhanji-Demow Stretch in Assam to Enhance Connectivity
CM Dr mohan
Madhya Pradesh to Launch Integrated Passenger Transport Platform Under CM Mohan Yadav; App-Based Bus Booking Coming Soon
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
IPS Abhishek Yadav
Syed Waquar Raza, DIG, Murshidabad
Dara Kavitha
ADVERTISEMENT
ADVERTISEMENT