The Delhi High Court has provided interim relief to JNTL Consumer Health (India) in a writ petition contesting the Food Safety and Standards Authority of India’s (FSSAI) abrupt retraction of prior approvals that permitted the use of the term “ORS” with prefixes or suffixes in registered trademarks for electrolyte and beverage products. Justice Sachin Datta ordered that FSSAI must not enforce the orders dated October 14 and 15, 2025 regarding the petitioner.
“It is further agreed that until the said representation is resolved according to law and after giving the petitioner an opportunity to be heard, and taking into account the arguments presented in the current petition, the contested order dated 14.10.2025 and 15.10.2025 shall not be enforced against the petitioner,” stated Justice Sachin Datta. The petition contested FSSAI’s sudden decision to revoke its previous orders from July 14, 2022, and February 2, 2024, which had allowed food business operators with valid registered trademarks that included “ORS” to continue their usage with clear disclaimers noting that the products were not oral rehydration salt formulations endorsed by WHO.
JNTL, the producer and seller of the popular hydration drink ORSL, claimed that the retraction was made without prior notice, consultation, or hearing, in violation of the Food Safety and Standards Act, 2006, the Food Safety and Standards Rules, 2011, and a 2021 ruling by the Delhi High Court in Rupa Singh v Union of India, which mandated FSSAI to conduct stakeholder consultations before taking adverse actions on such issues. The company highlighted that orders exposed it to possible enforcement actions, including product seizures, license suspensions, and criminal penalties, despite its adherence to FSSAI’s previous directives.
JNTL asserted that products valued at approximately ₹155–180 crore were already in the supply chain and that the sudden reversal would inflict irreparable damage to its brand and goodwill established over two decades. The petition also referenced the viewpoint of the Controller General of Patents, Designs and Trademarks, which confirmed that using “ORS” with prefixes or suffixes could be part of a composite mark under Section 17 of the Trade Marks Act, 1999. JNTL argued that FSSAI’s earlier position—endorsed and accepted by the High Court of Telangana—was binding and could not be overturned without due process.
The High Court’s ruling guarantees that no coercive measures will be taken against JNTL until FSSAI re-evaluates its stance after facilitating a hearing for the company. JNTL was represented by Senior Advocates Sandeep Sethi and Pragyan Sharma, along with Advocates Gawree Gokhale, Alipak Banerjee, and Parva Khare, assisted by a team from Bahuguna Law Associates including Meghna Mishra, Ritesh Kumar, Ankit Rajgharia, Siddharth Joshi, Ujjwala Gupta, Shubham Madaan, and Hardik Jain.
