New Delhi: In a significant development, the Delhi High Court has granted permission to JTNL Consumer Health, a subsidiary of Johnson & Johnson, to continue selling its popular electrolyte drink, ORSL. This decision comes while the Food Safety and Standards Authority of India (FSSAI) reviews JTNL’s petition against the recent ban on using the ‘ORS’ (Oral Rehydration Solution) branding for beverages.
The FSSAI had earlier issued directives on October 14 and 15, instructing food business operators (FBOs) to cease using ‘ORS’ as a prefix or suffix in product names, labels, advertisements, or trademarks. The authority deemed this practice misleading and in violation of the Food Safety and Standards Act, 2006. The ban specifically targeted fruit-based drinks, non-carbonated beverages, and ready-to-drink formulations, requiring FBOs to remove ‘ORS’ from their product labels.
A bench headed by Justice Sachin Datta permitted the continued sale of ORSL after JTNL committed to submitting a formal representation challenging the FSSAI’s ban within a week. FSSAI’s counsel agreed not to enforce the order against JTNL until the authority makes a decision on this representation.
Representing the Union health ministry, advocate Satya Ranjan Swain was also present. The court, while concluding the proceedings on JTNL’s petition, also provided the company with the liberty to pursue further legal recourse should it be unsatisfied with the FSSAI’s final decision on its representation.
The court’s order stated, “After some hearing, it is agreed that the petitioner would submit a representation against the impugned orders dated 14.10.2025 and clarification order 15.10.2025… Let the said representation be submitted within a period of one week from today.” The order further clarified, “It is further agreed that till the said representation is decided… the impugned orders… shall not be given effect to qua the petitioner (JTNL Consumer Health).”
In its plea to the high court, JTNL had argued that its ORSL branding was consistent with previous FSSAI guidelines that permitted ‘ORS’ usage with specific disclaimers. The company characterized the FSSAI’s abrupt reversal of these permissions as arbitrary.
JTNL highlighted the substantial financial impact of the ban, noting that its current product inventory and supply chain were valued between ₹155 crore and ₹180 crore. The company also pointed out that the FSSAI’s orders were issued without providing any prior hearing to the petitioner or other stakeholders, despite the significant business implications, and without following proper procedural requirements such as publishing draft orders or inviting objections.