How Hyderabad doctor's 8-year fight forced FSSAI to drop ‘ORS’ tag from energy drinks | Explained
FSSAI’s move comes after Hyderabad-based paediatrician Dr Sivaranjani Santosh’s persistent efforts, which resulted in a fruitful conclusion.
In a major move to protect consumers from misleading food labels, the Food Safety and Standards Authority of India (FSSAI) has directed all food business operators (FBOs) to immediately stop using the word ‘ORS’ (Oral Rehydration Solution) in their labelling and advertisements, calling such practices misleading to consumers.
The latest order, issued on October 14, clarifies that using the term 'ORS' in trademarked names or in naming any food product, even with a prefix or suffix, violates the Food Safety and Standards Act, 2006.
What the FSSAI order says
FSSAI’s latest directive withdraws earlier orders from July 2022 and February 2024, which had permitted the use of the term ‘ORS’ on food labels if accompanied by a warning stating that “the product is not an ORS formula as recommended by WHO".
After reviewing the issue, the regulator concluded that such practices were misleading to consumers through “false, deceptive, ambiguous and erroneous names/label declarations” and were in contravention of the Act.
The order states that the use of the term will now be considered misbranded and misleading, and punishable under the FSSAI Act, 2006.
"In view of the above, all Food Business Operators are directed to remove the word 'ORS' from their food products, whether used as a standalone term or in combination with any prefix/suffix or as part of the trademark with prefix/suffix in the product name and to ensure strict compliance with the labelling and advertisement requirements prescribed under the Food Safety and Standards Act, 2006 and the regulations framed thereunder," the FSSAI order stated.
The direction issued under section 6(5) regarding misleading advertisement and marketing of ORS substitute products, dated April 8, 2022, remains in effect.
Dr Sivaranjani Santosh’s long battle
The FSSAI’s move comes after Hyderabad-based paediatrician Dr Sivaranjani Santosh’s persistent efforts, which resulted in a fruitful conclusion.
The FSSAI has issued a directive to all states and Union territories’ commissioners of food safety and all central licensing authorities to ensure that all FBOs remove the combination of the term ORS from their food products.
Speaking with news agency ANI, Dr Sivaranjani Santosh said the directives come as a "huge relief", as she highlighted how private companies have used the term ORS to cheat the public through deceptive labelling and unethical marketing.
She also pointed out how these drinks, that “wrongfully” use the ORS term, actually worsen diarrhoea.
“It's a huge relief. That means now I know that no child will die, no adult will die because of worsening of diarrhoea, because of these drinks. ORS is supposed to save lives. It's a wonder drug of the 20th century. It's supposed to save lives. It's supposed to rehydrate us. It is like Amrut for us. And here, people have labelled their high sugar drinks as ORS with a suffix or prefix. And for the past 14 years, they have been cheating the public, deceptive labelling, unethical marketing, pharmacies, hospitals, schools, everywhere,” Santosh said.
“So something which should actually make you recover from diarrhoeal dehydration was actually worsening the diarrhoea,” she added.
Pointing out that more than 13 children out of 100 die because of diarrhoea, Santosh criticised companies for selling their drinks with ORS suffix and prefix.
"In the under-five age group, 13 % or 13 out of 100 children dying in the under-five age group in India are dying because of diarrhoea. And how can we give something which worsens diarrhoea and not be? How can you be so callous about it? Saying, Okay, now, after your fight, we have added a disclaimer. The public's responsibility to read the disclaimer seems. How many literate people in India actually read the disclaimers? Leave alone the illiterate people. This is cruel," she said.
Santosh had to go against her family’s will to file litigation against companies and the government. Despite immense pressure, she continued her fight, saying she was “meant for this".
"So that's why I couldn't give up in spite of so much tension, pressure, and having to fight with my own fraternity, in spite of having to raise my voice against authorities, in spite of having to file a public interest litigation where both the government and these companies have been made respondents. I didn't back out. In between, I used to feel tense, pressured that, yeah, something can go wrong for my family, but I used to just delete it from my mind because I thought I had to do this. I was meant to do this," she said.
The impact of her campaign
Santosh has been raising awareness for eight years about how several companies were marketing sugar-rich drinks as ORS.
As a result of her continuous efforts, the FSSAI issued the latest directive, which applies whether the term is used as a standalone word, used with any prefix or suffix, or forms part of a trademark in the product name.
