New Delhi: Public health considerations are paramount, Delhi High Court said on Friday as it refused to tinker with a ban on misleading ORS-labelled beverages by the country’s food regulator.Food Safety and Standards Authority of India (FSSAI) recently withdrew permissions for food-and-beverage companies to use the word ORS in the labelling unless they met the standard medical formulation. “Finding is (that) consumption of these is harmful, their order speaks about hazardous effects, they have highlighted health risks, we can’t allow public health risk to remain in the market…. FSSAI has passed a very detailed order giving the circumstances,” Justice Sachin Datta orally observed.The court indicated that it won’t lift the embargo on the sale and manufacture of these products in the interest of public safety, unless the manufacturer was willing to remove the ORS label. “It is a health hazard… You want to re-sticker your existing product, certainly you can do so, and there is no objection on the part of FSSAI,” the judge told the counsel for Dr Reddy’s Laboratories Ltd, which has challenged FSSAI’s directive restricting the use of the term for its product, Rebalanz VITORS.“As far as the existing stock is concerned, I will give you liberty to represent to them (FSSAI) and point out difficulties and see if any via media (middle road) can be reached. I am not enforcing any solution which will compromise public health consideration, that is for FSSAI to consider,” Justice Datta underlined. The company submitted it stopped manufacturing fresh stocks, but sought nod to dispose of the existing lot. “You will maintain status quo, you will instruct your chain of distributors not to distribute,” HC made it clear. The counsel for the company submitted they were ready to re-sticker the existing stock. “If I am able to get back the stock from the stockists, I will also re-sticker that.” Opposing the company’s request, FSSAI said it had passed a detailed order against a similar representation by another entity, JNTL Consumer Health India, which, too, had approached the court. HC said it would fix timelines for FSSAI to consider and decide Dr Reddy’s plea.On Oct 14, FSSAI banned the use of the term ORS in names or branding unless the products meet the standard formulation. ORS is the abbreviation for oral rehydration solution formulations recommended by World Health Organization. The regulator deemed the use of the term in branding sugary or electrolyte drinks misleading for consumers, particularly children, and in violation of Food Safety and Standards Act 2006.
