Misleading Drinks Allegedly Being Sold As 'ORS Solution': Delhi High Court Directs FSSAI To Decide Representation Expeditiously

The Delhi High Court today directed the Food Safety and Standards Authority of India (FSSAI) to treat as a representation a PIL seeking to restrain the distribution of fruit drinks, allegedly being sold in the market as "ORS" (Oral Rehydration Salt) solution.

A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh directed FSSAI to provide sufficient opportunity of hearing to the private companies concerned, and pass necessary orders as expeditiously as possible.

The Bench was hearing a PIL filed by an Assistant Professor of JNU, claiming that the 'ORSL' product line of Johnson & Johnson though on the face of it is indicative of ORS, its composition does not use the requisite ORS formula.

The plea stated, "None of the beverages being sold under the name ORSL use the composition of the new ORS formulation as prescribed by WHO". It added,

"If ORSL was never meant to be manufactured, distributed or marketed as an ORS drink or in case it was/is purely a fruit based drink or a beverage, why is it that it has no availability on any of the online retailers or even in-store grocery stores but is available in abundance in a pharmacy?"

Advocate Gurinder Pal Singh appearing for the petitioner argued that ORS is administered to children during diarrhoeal disease and the drinks in question which are high in sugar content can be most harmful during Diarrhoea, and thus the matter concerns public health.

The Court however, on being apprised that no representation has been made before the concerned authority in this regard, disposed of the PIL. It added,

"Govt has a whole machinery to deal with all this. You first approach them...If any adverse order is to be passed against any Respondent, this exercise will be completed as early as possible."

Case Title: Rupa Singh v. Ministry of Health and Family Welfare