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Home News Public Health Precedence: Food Regulator Enforces FSSAI ORS Ban on Misleading Drinks

Public Health Precedence: Food Regulator Enforces FSSAI ORS Ban on Misleading Drinks

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The Food Safety and Standards Authority of India (FSSAI) has issued a strict order demanding the immediate removal of fruit-based beverages, energy drinks, and similar products that are misleadingly labelled ‘ORS’.

The move is a critical step to safeguard public health, as these products are being sold widely across retail stores and e-commerce platforms, despite earlier orders withdrawing permission to use the term “ORS” for non-compliant drinks.

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Why the FSSAI ORS Ban is Crucial

The term “ORS” (Oral Rehydration Solution) is specifically reserved for formulations that meet the strict standards set by the World Health Organization (WHO) for treating dehydration. Misleadingly labelled food and electrolyte drinks pose a serious risk because consumers, believing they are buying a medical-grade solution, may use them for critical dehydration treatment with potentially harmful results.

The FSSAI referred to its previous directions from October, which clearly stated that no food product—whether ready-to-drink, carbonated, or fruit-based—can use the term “ORS” in its trademark, brand name, prefix, or suffix. Using the term in this manner violates the Food Safety and Standards Act, 2006.

🚨 Immediate Enforcement and Regulatory Action

Despite the previous warnings, the FSSAI noted that many such non-compliant products continue to be sold. To enforce the FSSAI ORS Ban, the authority has instructed its officers to carry out immediate, targeted inspections:

  1. Inspection Sites: Officers must check both e-commerce platforms and retail outlets to identify violating products.

  2. Product Removal: Any food product found to be falsely using the term “ORS” must be immediately removed from sale.

  3. Regulatory Action: Strict regulatory action must be taken against the companies involved in the violation.

  4. Reporting: Officers are required to send a detailed action-taken report back to the FSSAI, listing all inspections, violations, and the status of product removal.

Crucially, the authority specified that enforcement activities must only target non-compliant food products. There should be no interference with the storage, distribution, or sale of the genuine, WHO-recommended ORS drug products.

🏛️ Delhi High Court Backs FSSAI’s Decision

The regulatory action comes with strong judicial backing. Earlier on October 31, the Delhi High Court refused to interfere with the FSSAI’s decision, observing that public health must take precedence over commercial considerations.

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This observation was made while the court was hearing a petition filed by Dr. Reddy’s Laboratories, which had challenged the FSSAI’s notification. The Bench clarified that a detailed judgment would follow, but made it clear that counterfeit or misleadingly labelled products pose an unacceptable risk to citizens.

End….

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