Read Time: 05 minutes

The Delhi High Court today directed Food Safety and Standards Authority of India (FSSAI) to treat as a representation, a plea seeking directions on misleading drinks being sold in the market as “ORS” (Oral Rehydration Solutions).

The order was passed by a division bench of Chief Justice DN Patel and Justice Jyoti Singh on a plea filed by an Assistant Professor of Jawaharlal Nehru University, Rupa Singh seeking a direction to the Government to take appropriate steps to inform the general public of the nature of the risk to health which the products in question [‘ORSL’, ‘ORSL Plus’, ‘ORSL Rehydrate’ and ‘Fruitnik Electro+ ORS’] present or may present, and the measures which are taken or about to be taken to prevent, reduce or eliminate that risk.

On the court’s query whether any representation has been made before the concerned authority, Adv. Gurinder Pal Singh appearing for the petitioner submitted that no representation have been made in this regard.

The court therefore directed FSSAI or any other concerned authority to treat the plea as a representation and said that after giving sufficient opportunity of being heard to the private companies, the concerned authority may pass adverse orders, if required, as expeditiously as possible.

The petitioner has submitted that the products in question are not only “misbranded foods” within the meaning of Section 3(zf) but also “substandard” as per Section 3(zf) and “unsafe” as per Section 3 (zz) of the FSSAI Act. “They thus, pose a “risk” as defined in Section 3(zm) of the said Act”, the petitioner said.

The petition also sought directions prohibiting, in the interest of public health, the manufacturing, storage, marketing, distribution and/or sale of ‘ORSL’, ‘ORSL Plus’, ‘ORSL Rehydrate’ and ‘Fruitnik Electro+ ORS’ in the manner shown and description projected as at present and in their present labelling format.

In order to make the public aware the petitioner has also sought for a direction to put disclaimers in bold on the front and back side of the packing stating that (a)“This is not ORS (b) This is not a ‘World Health Organization Recommended Formula’ (c) Its use in Diarrhoea would be injurious to health”

The petitioner had further sought directions to FSSAI and the Delhi Government to launch prosecution against the private companies for intentionally and deliberately cheating the public at large by fraudulently making them believe their products to be ‘ORS’ and thereby causing health and monetary loss to the public and making unlawful gains to themselves.

Case Title: Rupa vs Ministry of Health and Family Welfare