Introduction
Dr. Sivaranjani Santosh saw what she described as a people’s victory on October 14, 2025, following eight years of advocacy. The Food Safety and criteria Authority of India (FSSAI) has issued an order prohibiting all beverages from using the term ORS in their trademarked names unless they meet World Health Organization (WHO) criteria. However, the Delhi High Court granted interim relief to JNTL Consumer Health (India), a Johnson & Johnson subsidiary, by suspending the FSSAI prohibition until October 17, 2025. The delay permitted the corporation to continue selling existing stock worth between ₹155 crore and ₹180 crore.
Background
Dr. Dilip Mahalanabis invented the Oral Rehydration Solution (ORS) during the Bangladesh Liberation War in 1971. It saved millions of lives during the war by lowering mortality rates from 30% to 1% during a cholera outbreak in refugee camps. The WHO-approved formulation contains sodium chloride, glucose anhydrous, potassium chloride, and trisodium citrate dihydrate in one liter of water. This composition utilizes the sodium glucose cotransport system The glucose-to-salt ratio is fixed, allowing sodium absorption and rehydrating the body during severe diarrhea. There is excessive sugar which can vilify the solution’s efficacy because it causes water to be pulled out of cells and increases diarrhea than increasing hydration. The problem begins when random companies start labeling their products as ORS which are placed on pharmacy shelves. These items have sugar levels up to ten times greater than the WHO formula. While true oral rehydration treatments include 13.5 grams of glucose per liter, several commercial alternatives have 110 to 120 grams of sugar. In India, diarrhea accounts for 13% of all deaths in children under the age of five, with just 60% receiving effective ORS treatment. Dr. Santosh chronicled incidents over eight years, including a diabetic boy from Chennai who became dehydrated after being given an ORS drink from a tetra pack, to highlight the health crisis caused by deceptive labels.
Key Points
Delhi High Court Order (October 17, 2025): The Delhi High Court granted interim relief to JNTL Consumer Health by staying the FSSAI orders. The court directed the regulator to provide a formal hearing and decide on the company’s representation before enforcing the ban.
Scope of the Stay: The hold order permitted JNTL to sell existing stock while prohibiting production of new versions until further orders were received. The court stated that the stay only extended to JNTL Consumer Health and not to any other manufacturers affected by the FSSAI prohibition.
FSSAI Clarification: FSSAI has clearly put up a clarification wherein it reveals that it is being incorrectly reported that in some social media posts that FSSAI I has approved the disposal or sale of Oral Rehydration Solution with Lactate (ORSL). The authority underlined that no such approval was provided, and the prohibition remained in effect, subject to judicial procedures. However, consumers and health advocates noted that ORSL and similar beverages were still being offered in retail pharmacies throughout cities.The case emphasized the lack of large-scale public awareness initiatives advising consumers about the distinctions between genuine WHO-compliant oral rehydration solutions and commercially available high sugar beverages. This is due to years of false marketing and labelling that has caused consumer misunderstanding.
Recent Developments
The Delhi High Court stated that its October 17, 2025 judgment providing interim relief to JNTL Consumer Health did not authorize all producers to continue selling or developing drinks labeled “ORS.” The court’s stay only applied to JNTL and lasted until the FSSAI decided on its representation. Justice Sachin Datta cautioned the FSSAI to act quickly or face stricter court orders. The clarification came after public misunderstanding and outrage about deceptive “ORS”-labeled items that do not fulfill WHO’s medical formulation criteria.
Conclusion
In conclusion, the Delhi High Court’s clarification restores regulatory clarity by emphasizing that the interim relief to JNTL Consumer Health is case-specific and does not dilute FSSAI’s broader authority to curb misleading “ORS” products. The ruling underscores the balance between procedural fairness to companies and the paramount need to protect public health, particularly that of children.
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WRITTEN BY S. KAVIYA SRI
