FSSAI Orders Removal Of 'ORS' From Food And Beverage Labels, Citing Consumer Misleading Risks

Mumbai: India’s food regulator (FSSAI) has issued a major advisory ordering food and beverage companies to remove the term “ORS” (Oral Rehydration Solution) from all product names, labels, and trademarks, even when used with a prefix or suffix.

Directive to Food Businesses

Issued on October 14, the directive immediately withdrew all previous permissions that allowed Food Business Operators (FBOs) to use “ORS” in their brand names, including two earlier orders from July 14, 2022, and February 2, 2024. Those orders had permitted its use with disclaimers such as, “The product is Not an ORS formula as recommended by WHO.”

Clarification on Labeling Violations

A day after the directive, on October 15, FSSAI issued a clarification reiterating that using “ORS” in any food product—whether fruit-based, non-carbonated, or ready-to-drink—violates the Food Safety and Standards Act, 2006.

The regulator noted that such labelling misleads consumers through “false, deceptive, ambiguous, and erroneous names or label declarations,” contravening multiple provisions under the law.

Background: Public Interest Litigation

The regulatory intervention follows a nearly decade-long campaign by Hyderabad-based paediatrician Dr. Sivaranjani Santosh against sugar-rich beverages falsely marketed as ORS. In 2022, she filed a Public Interest Litigation (PIL) in the Telangana High Court challenging beverages that claimed to be ORS but failed to meet WHO-recommended electrolyte and glucose standards.

Her petition highlighted the potential health risks, especially to children and diabetic patients, and her complaints reached the Ministry of Health and Family Welfare, prompting regulatory scrutiny.

Court and Regulatory Actions

The Telangana High Court directed FSSAI and the Drug Controller General of India to respond, recognising the public health implications of misleading ORS claims.

In April 2022, FSSAI issued its first restriction, but in July the regulator temporarily allowed companies holding valid trademarks to continue production until the Controller General of Patents, Designs and Trademarks issued a final decision.

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Health Risks from Mislabelled Beverages

WHO-approved ORS has a total osmolarity of 245 mOsm/L, with precise quantities of sodium, potassium, chloride, and dextrose. In contrast, many marketed products contained up to 120 grams of sugar per litre, with minimal electrolytes, posing serious health risks.

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