Delhi HC allows JTNL to continue selling ‘ORSL’ pending FSSAI review
While disposing of JTNL’s petition challenging the ban, court granted the company liberty to pursue appropriate legal remedies if it is dissatisfied with the decision made on its representation
New Delhi: The Delhi High Court has allowed Johnson & Johnson’s subsidiary, JTNL Consumer Health, to continue selling its electrolyte drink under the registered trademark “ORSL” until the Food Safety and Standards Authority of India (FSSAI) decides on the company’s plea challenging the ban on using Oral Rehydration Solution (ORS) branding for certain beverages.
The FSSAI had issued orders on October 14 and 15 restraining food business operators (FBOs) from using the term ORS as a prefix or suffix in the name, label, advertisement, or trademark of any food or beverage product, concluding that such a practice was misleading and contravened the provisions of the Food Safety and Standards Act, 2006.
The prohibition covered fruit-based drinks, non-carbonated beverages, ready-to-drink formulations, and similar products. The authority had also directed FBOs to remove the word ORS from their food products.
A bench led by justice Sachin Datta allowed the sale after JTNL agreed to submit a representation challenging the ban within a week, and FSSAI’s counsel, Aamir Zafar Khan, consented that the authority’s order would not be enforced against JTNL until it decided on the representation.
The Union health ministry was represented by advocate Satya Ranjan Swain.
While disposing of JTNL’s petition challenging the ban, the court also granted the company liberty to pursue appropriate legal remedies if it is dissatisfied with the decision made on its representation.
“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, annexed as Annexure A (colly) to the present petition. Let the said representation be submitted within a period of one week from today,” the court said in its order.
“It is further agreed that till the said representation is decided in accordance with law and after affording an opportunity of hearing to the petitioner and duly taking into account the contentions raised in the present petition, the impugned orders dated 14.10.2025 and 15.10.2025 shall not be given effect to qua the petitioner (JTNL Consumer Health). The petition is disposed of in the above terms,” it added.
In its petition before the high court, JTNL contended that its branding complied with FSSAI’s earlier directives, which had permitted the use of the term “ORS” subject to specific disclaimers. The company argued that the “abrupt withdrawal” of those permissions was, on its face, arbitrary.
It further stated that the products currently manufactured or in the supply chain were valued at approximately ₹155 crore to ₹180 crore, and that the ban would severely impact its business operations.
“The Impugned Orders were passed without providing any opportunity of hearing to the Petitioner or other stakeholders, despite the significant impact on their businesses. The Impugned Orders were issued without publishing drafts, inviting objections, or following proper procedural requirements under the FSS Act,” the petition said.
