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FSSAI’s ‘ORS’ Ban Stands: HC Says Health Comes First

In a notable ruling centered on public health, the Delhi High Court dismissed a petition challenging the Food Safety and Standards Authority of India (FSSAI) decision that prohibited the use of the label ‘Oral Rehydration Salts’ (ORS) on various drink beverages.

Justice Sachin Datta, who delivered the ruling firmly declined to interfere with the FSSAI’s orders, citing the grave health risks involved. The Court noted the “deleterious effect” and potential harm that could arise if individuals in medical need of genuine ORS consumed misleading products.

Background:

The petition was filed by Dr. Reddy’s Laboratories Limited, contesting the FSSAI’s ban that imposed a complete embargo on the use of the term ‘ORS’ whether independently or with any prefix or suffix when labeling any fruit-based, non-carbonated, or ready-to-drink beverages.

Dr. Reddy’s argued that the impugned orders were issued without prior notice, hearing, or consultation with relevant stakeholders. The company contended that the move adversely affected its ongoing business operations, infringed on its proprietary and trademark rights, and violated its fundamental rights.

Rejecting these arguments, Justice Datta observed that the impugned order or measures taken by FSSAI were “Impelled by serious public health considerations.”

The Court emphasized that such regulatory decisions must be respected unless shown to be arbitrary or beyond authority, stating, “The impugned orders dated 14.10.2025 and 15.10.2025 are regulatory measures applicable across the food industry. In these proceedings, this Court does not find it appropriate to sit in appeal over a measure taken by the FSSAI on public health considerations.”

During the hearing, Dr. Reddy’s expressed willingness to re-label or re-brand its existing inventory and requested permission to sell the stock already circulating in the supply chain to avoid significant financial losses.

While the Court declined to issue a direct order regarding this inventory, Justice Datta granted liberty to the company to submit a formal representation to the FSSAI.

The Authority was directed to consider and decide the representation through a reasoned order after giving the company a fair opportunity to be heard within one week.


Case Title:DR REDDYS LABORATORIES LIMITED & ORS v. UNION OF INDIA & ANR

Counsel for Petitioners: Ms. Neelima Tripathi, Sr. Advocate along with Ms. Sanam Tripathi, Ms. Anjali Kaushik, Ms. Kriti Sharma, Mr. Harjeet Singh, Advocates

Counsel for Respondents: Mr. Chetan Sharma, ASG along with Mr. Ashish K. Dixit, CGSC, Mr. Aamir Zafar Khan, Mr. Umar Hashmi, Mr. Amit Gupta, Mr. Shubham Sharma, Mr. Abdullah Shahid, Mr. Vikram Aditya Singh, Mr. Yash Wardhan Sharma, Mr. Naman, Ms. Iqra Sheikh, Mr. Harshit Chitransh, Mr. Aditya Shandily and Mr. Shivam Tiwari, Advocates

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Nandani Mishra

Second Year, B.SC LLB, (cybersecurity) Hons, National law University

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