‘Situation can’t linger’: Delhi HC urges FSSAI to decide on ORS branding plea by October 31

The court said this while hearing a plea by Dr Reddy’s Laboratory (DRL), seeking permission to exhaust its stock of ready-to-drink fruit flavoured beverages which it sells as an oral rehydration solution branded ‘Rebalanz VITORS’.

The court, however, indicated that it shall wait for the FSSAI’s decision in JNTL’s representation before passing appropriate orders with respect to DRL’s plea.

On October 17, the Delhi HC had paused the operation of two orders of the FSSAI, which restrained the use of the term “ORS” in branding beverages. The move had drawn flak from pediatricians and health experts, given that such beverages have been flagged for its high sugar content.

The FSSAI, in two orders on October 14 and 15, had reasoned that the use of the term ‘ORS’ in the trademarked name or in the naming of any food product otherwise — whether fruit-based, non-carbonated, or ready-to-drink beverages — even when accompanied by a prefix or suffix, constitutes a violation of the provisions of the Food Safety and Standards Act, 2006, and the regulations made thereunder”. It had held that “such practices are misleading to consumers by way of false, deceptive, ambiguous, and erroneous names/label declarations”.

On October 17, the HC had also allowed JNTL Consumer Health to make a representation against orders of the FSSAI within a week, following which the company would be given an opportunity of hearing and their case would be decided on.

JNTL then made a representation to the FSSAI. While the company had sought two weeks’ time before it was called for a hearing, FSSAI scheduled a hearing for Tuesday at 4 pm, the FSSAI’s counsel informed the court on Tuesday.

While directing the FSSAI to complete its process of hearing by Friday, Justice Sachin Datta, while dealing with DRL’s petition on Tuesday, orally remarked, “If you were to take so long, you should’ve told me on the last date (October 17). At least I would have restrained them (JNTL Consumer Health) from manufacturing fresh batches. You please conclude it by Friday (October 31). If you’re not able to conclude the exercise, please move an application in that matter so that I can issue an appropriate direction… This situation can’t linger.”

Meanwhile, DRL, pressing for the court’s relief, argued that the product is a perishable item and they are a stockist to a retailer chain which is “entirely out of my control”.

“Plus there are certain stocks which were manufactured and packaged which are lying either with the wholesaler or with the stockist and which are to be introduced in the chain, at least that be allowed to be sold. At least allow me to dispose of my existing stock,” DRL’s counsel said.

Justice Datta, orally addressing the counsel, said, “First thing you’ll have to do is stop manufacturing fresh batches. Let that position remain.”

The court is due to consider the matter again on October 31.