The Food Safety and Standards Authority of India (FSSAI) has set a deadline of October 31 to finalise its decision on banning the use of the term “ORS” on beverages that do not meet the World Health Organization-recommended oral rehydration solution formula. Meanwhile, the Delhi High Court has clarified that its interim order was not meant to permit new manufacturing of such drinks.
Glimpse:
After years of debate and health-sector pressure, FSSAI’s October 14 directive revoked earlier allowances for drinks using “ORS” in their branding unless they conformed to the WHO ORS formulation. However, the Delhi High Court temporarily stayed enforcement of those orders against companies that have appealed, and emphasised that its stay does not permit new production of “ORS-branded” beverages. A decision is expected by October 31.
The term “ORS” (oral rehydration solution) has long been associated with lifesaving treatment for dehydration, especially in children with diarrhoea. The WHO-recommended ORS formula has specific salt and sugar concentrations; when this term is used on commercial beverages that deviate significantly from the formula, health-experts warn the effect may be harmful. The FSSAI, acknowledging this risk, issued a directive on October 14 declaring that any food or drink product using the term “ORS” (alone or with prefixes/suffixes) will henceforth be considered mis-branded unless it meets the WHO formula.
Following this decision, manufacturers of beverages branded with “ORS/ORSL” challenged the directive in court. The Delhi High Court, in its interim order on October 17, granted relief to one petitioning company by staying enforcement of FSSAI’s orders against that company, but clarified that the stay was not intended to permit manufacturing of fresh batches of beverages under the “ORS” label. Justice Sachin Datta noted that if the regulator could not act within a short timeframe, manufacturing could be restrained.
As a result of these developments:
FSSAI has announced that it expects to decide on appeals and finalize its policy stance by October 31. Manufacturers are in a regulatory limbo existing stock might still be sold under the stay, but new production remains legally questionable. Health-care professionals and paediatricians are warning of confusion in pharmacies and the marketplace, given that sugary drinks have been marketed as “hydration/ORS” solutions, though they lack the recommended salt-sugar balance
The policy outcome will have broad implications: effectively policing label use of “ORS” could protect children from consuming high-sugar beverages that falsely claim rehydration benefit, while also clarifying compliance requirements for manufacturers. The court’s clarification reminds all stakeholders that the pause is procedural, not a policy reversal.
“If you are unable to act in two-three days, you must seek appropriate relief the manufacturer cannot assume this means free rein to continue manufacturing new batches under the ‘ORS’ label.”
By
HB Team
