Has Deleterious Effect & Adverse Health Outcomes: Delhi High Court Rejects Plea Against FSSAI’s Decision To Ban Sale Of Beverages With ORS Labels
The Delhi High Court took note of the adverse health outcomes in the event of consumption of the offending products by those who are in medical need of an ORS formulation.
The Delhi High Court has dismissed a Writ Petition challenging the decision of the Food Safety and Standards Authority of India (FSSAI) to ban the sale of beverages having ORS (Oral Rehydration Salts) labels.
Dr Reddys Laboratories Limited and others approached the High Court, assailing the Order of the FSSAI.
A Single Bench of Justice Sachin Datta observed, “In the circumstances, this Court is not inclined to interdict with the impugned orders, in light of the aforesaid order dated 30.10.2025 passed by the FSSAI. This is particularly in light of the deleterious effect and adverse health outcomes (as noticed in the aforementioned order dated 30.10.2025, issued by FSSAI) in the event of consumption of the offending products by those who are in medical need of an ORS (Oral Rehydration Salts) formulation.”
Senior Advocate Neelima Tripathi represented the Petitioners, while ASG Chetan Sharma represented the Respondents.
Background
The FSSAI had imposed an embargo on the use of the word ‘ORS’, whether as a standalone term or in combination with any prefix/suffix, in the naming of any food product, inter-alia, any fruit-based or non-carbonated or ready-to-drink beverages. The Petitioner’s case was that the impugned orders of FSSAI have been issued without any notice, hearing, or even consultation with the concerned stakeholders, including the Petitioner. It was submitted that the impugned orders have a significant impact on the ongoing operations of the Petitioner, as also their proprietary/trademark rights, and also infringes the fundamental rights of the Petitioner.
It was further contended that there are large quantities of the products lying in storage and within the supply chain, which had already been manufactured/distributed prior to the issuance of the impugned orders. It was also submitted that the Petitioner shall sustain huge monetary loss if the said finished goods are not allowed to be sold with their existing packaging.
Reasoning
The High Court after hearing the arguments from both sides, noted, “It is evident that the impugned orders / measures taken by the FSSAI are impelled by serious public health considerations. The same is in pursuance of, and to effectuate the statutory mandate of the FSSAI.”
The Court said that the impugned orders are regulatory measures applicable across the food industry and it cannot sit in appeal over a measure taken by the FSSAI on public health considerations.
“It is noticed that on the previous date of hearing, learned senior counsel for the petitioner made a statement that the petitioner has ceased manufacturing fresh stocks of its products. Today, it is stated that the petitioner is willing to re-label / re-brand its existing inventory / stock of the concerned food products. It is further submitted that the stock which is already in the supply chain be allowed to be sold to prevent irreparable and huge loss to the petitioner. This Court is not inclined to pass any directions in this regard in these proceedings except to direct the regulatory body (FSSAI) to consider this aspect of the matter on a representation being made by the petitioner in this regard”, it added.
The Court, therefore, granted liberty to make such a representation to the FSSAI, which shall be duly considered and disposed of by FSSAI by way of a reasoned order, after affording an opportunity of hearing to the Petitioner, within a period of one week.
Accordingly, the High Court dismissed the Writ Petition.
Cause Title- Dr Reddys Laboratories Limited & Ors. v. Union of India & Anr. (Neutral Citation: 2025:DHC:9592)
Appearance:
Petitioners: Senior Advocate Neelima Tripathi, Advocates Sanam Tripathi, Anjali Kaushik, Kriti Sharma, Harjeet Singh, and AR Gopal K. Gangawali.
Respondents: ASG Chetan Sharma, CGSC Ashish K. Dixit, Advocates Aamir Zafar Khan, Umar Hashmi, Amit Gupta, Shubham Sharma, Abdullah Shahid, Vikram Aditya Singh, Yash Wardhan Sharma, Naman, Iqra Sheikh, Harshit Chitransh, Aditya Shandily, and Shivam Tiwari.
