n a major interim relief for JNTL Consumer Health, the Delhi High Court has stayed the Food Safety and Standards Authority of India (FSSAI)’s recent ban on the use of the term “ORS” for non-medical beverage products. The order allows JNTL, a subsidiary of Johnson & Johnson, to continue selling its ORS-branded drinks while the case undergoes further hearing.
The High Court’s decision came after JNTL filed a petition challenging FSSAI’s October 14 advisory, which prohibited the use of “ORS” in any product not meeting World Health Organization (WHO) standards. The advisory also revoked earlier relaxations granted in July 2022 and February 2024, under which companies were permitted to use the term with certain disclaimers.
Justice Sachin Datta, while granting the interim stay, observed that FSSAI cannot enforce its directive “till the company is given adequate opportunity of hearing.” The Court also directed the regulator to allow the company one week to submit a detailed representation, pausing the implementation of the ban in the meantime.
JNTL, in its plea, stated that it holds stock worth ₹155–180 crore affected by the ban and argued that the regulator’s sudden policy change was “arbitrary and unreasonable.” The company contended that it had relied on previous FSSAI permissions while manufacturing its ORS-branded products.
The FSSAI, however, maintains that its action was necessary to prevent consumer deception, stressing that products marketed as “ORS” often do not conform to the WHO-recommended formula. The regulatory body noted that many commercial drinks contain excessive sugar and insufficient electrolytes, posing potential health risks to children and misleading parents about their therapeutic value.
Paediatricians and child health advocates have expressed alarm over the court’s interim order. Dr. Sivaranjani Santosh, a Hyderabad-based paediatrician who has long campaigned against such misleading drinks, described the development as “a national shame.” She said, “It appears FSSAI has permitted disposal of high-sugar ORS-type stock without fully protecting children.”
Health experts emphasize that genuine WHO-approved ORS formulations are vital in treating dehydration, especially in children under five, among whom diarrhoea remains a leading cause of death. They warn that allowing sugar-rich drinks to use the ORS label could dilute trust in life-saving treatments.
The Delhi High Court’s stay highlights the tension between regulatory oversight and commercial rights. While JNTL can continue selling its existing stock, the matter will be revisited after FSSAI evaluates the company’s representation.
For now, FSSAI has clarified that the stay is procedural and does not indicate a reversal of its policy. It reaffirmed its commitment to ensuring public safety and accurate labelling in the food and beverage sector.
Experts advise parents and caregivers to purchase only WHO-approved ORS sachets—which contain about 13.5 grams of dextrose per litre and calibrated electrolytes—and to remain cautious of drinks that merely display the ORS brandingwithout medical validity.
