FSSAI Orders Removal Of Misleading ORS-Labelled Beverages From Markets

The Food Safety and Standards Authority of India (FSSAI) has issued a directive for the immediate removal of drinks such as fruit beverages, energy drinks, and electrolyte products that incorrectly use the term “ORS” in their brand or product names. Authorities found that many brands continued to sell such beverages in physical stores and on e-commerce platforms, ignoring earlier directives.

FSSAI had previously issued orders on October 14, followed by a clarification on October 15, regarding the same issue. According to the earlier order, no food product—whether fruit-based, non-carbonated, or ready-to-drink—can use the term “ORS” in its trademarked name or in any form, including as a prefix or suffix. Use of the term in such a manner constitutes a violation of the Food Safety and Standards Act, 2006.

To prevent further violations, FSSAI has instructed officers to conduct immediate inspections of retail outlets and e-commerce platforms. Products found in breach must be removed from the market, and penalties imposed on the companies involved. Officers are required to submit a full action report to FSSAI, detailing the inspections conducted, violations detected, and updates on product removals. The authority emphasized that no action should obstruct the storage, distribution, or sale of WHO-recommended ORS products. Regulatory action is strictly limited to food items that wrongfully use “ORS” in their labelling or branding.

On October 31, the Delhi High Court refused to interfere with FSSAI’s directive banning the use of “ORS” on beverage products, noting that falsely marketed ORS items pose a threat to public health. The bench stressed that safeguarding public health takes precedence over commercial interests and indicated that the detailed judgment will follow. FSSAI had previously clarified that only formulations aligned with WHO guidelines for oral rehydration solutions are permitted to use the term “ORS.”