Delhi High Court Refuses to Allow J&J Subsidiary to Clear Stock of ORSL-Labelled Beverages

The Delhi High Court on Thursday refused to grant interim relief to JNTL Consumer Health (India) Pvt. Ltd., a subsidiary of Johnson & Johnson, which had sought interim relief to clear its existing stock of ORSL-labelled beverages.

A Division Bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela observed that since the case involved misbranding, it could not permit the product to remain in the market, noting that the matter pertained to serious public health concerns.

The Court was dealing with JNTL’s plea seeking a stay on the implementation of the three FSSAI orders.

The FSSAI, through its orders dated October 14, 15, and 30, had prohibited the use of the term ‘ORS’ in the name of any food or beverage unless the formulation conformed to the World Health Organization (WHO)-prescribed composition for oral rehydration solutions.

During the proceedings, the Court observed that it could not permit such products to remain in circulation, emphasising that the matter pertained to public health and constituted a clear case of misbranding. “Sorry, we can’t permit it. Please recall it,” the Court remarked.

The Court further noted that in rural areas, consumers often rely on ORS to treat diarrhoea in children, and misbranding such products could mislead buyers seeking genuine oral rehydration solutions, thereby jeopardising public health.

Appearing for the petitioner, Senior Advocate Mukul Rohatgi submitted that the company had stopped manufacturing the product, but stated that nearly 50% of the stock was already in the market. He argued that the product was not adulterated, and recalling the stock would cause undue hardship, adding that the company had been selling the beverage for nearly two decades and that the ‘ORSL’ mark was registered with the Controller General of Patents, Designs and Trademarks (CGPDTM).

Opposing the plea, Additional Solicitor General Chetan Sharma, appearing for the Union of India, submitted that the issue was one of serious public health concern. The Court was also informed that the company had previously challenged the FSSAI’s orders in another round of litigation, and therefore, the present petition was not maintainable.

The Court, after considering the submissions, declined to grant any interim relief to JNTL to sell or distribute its unsold stock, which is reportedly valued at around ₹100 crore.

Earlier, a single judge of the High Court had dismissed a petition filed by Dr. Reddy’s Laboratories Ltd. challenging the FSSAI directive that restricted the use of the term ‘ORS’ for its oral rehydration brand Rebalanz Vitors.

The Court has listed the matter for further hearing on December 9.

Case Title: JNTL CONSUMER HEALTH INDIA PVT LTD V/s UNION OF INDIA & ANR.

Bench: Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela

Order Date: 12 November 2025

Inputs: Indian Express