Daijiworld Media Network – New Delhi

New Delhi, Nov 13: The Delhi High Court on Wednesday refused to grant interim relief to JNTL Consumer Health, the Indian subsidiary of American healthcare giant Johnson & Johnson, to sell its remaining stock of the electrolyte drink ORSL.

The company had approached the court challenging an earlier single-judge order that upheld the Food Safety and Standards Authority of India’s (FSSAI) directive prohibiting the manufacture and sale of drinks bearing names similar to oral rehydration solutions (ORS). The FSSAI had stated that such names misled consumers and posed health risks, especially to children.

A division bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela, while refusing to interfere with the earlier ruling, observed that the ORSL brand name could deceive consumers into believing it was a medically approved ORS formulation.

Senior Advocate Mukul Rohatgi, appearing for JNTL, argued that the brand had been in use for nearly two decades and was a registered trademark. He maintained that ORSL was marketed as an energy and rehydration drink, not a medical formulation, and included a clear disclaimer stating it was not a WHO-approved ORS product.

The counsel also sought permission to liquidate existing stock, stating that half the inventory was already in the market and that the company was ready to rebrand the product.

However, the bench expressed serious reservations, stressing that “ORS has brought a revolution to a poor country like ours. The rate of child deaths has come down because of it.” The court said that any product marketed with similar branding amounted to misrepresentation, regardless of its actual composition.

Referring to the larger public health concern, the judges cited earlier cases involving pharmaceutical companies such as Dr Reddy’s Laboratories, where interim protection was also denied. “If it were a prescription-based product, it would be a different matter. But being sold over the counter, it risks causing harm,” the bench noted.

The court further observed that consumers, particularly in rural areas, could easily be misled by the name. “When a child suffering from diarrhoea is given a product labelled ‘ORS’ or one suggesting electrolytes, there is every chance of confusion. It may not harm a healthy person, but it can harm someone who is unwell,” the court said.

The next hearing has been scheduled for December 9.

Earlier, on October 14, the FSSAI had withdrawn all prior approvals allowing food and beverage companies to use the term “ORS” in product names or branding, unless their formulations complied strictly with medical standards.