Delhi HC stays regulator's curb on ORS branding in relief for J&J arm, Pg7.

Key Highlights:

• The Delhi High Court has stayed FSSAI's orders restricting the use of "ORS" in beverage branding, providing relief to JNTL Consumer Health, a subsidiary of Johnson & Johnson.
• The court's interim order on October 17 allows the company to challenge the FSSAI orders.
• JNTL Consumer Health contested FSSAI's orders from October 14 and 15, which prohibited the use of "ORS" with prefixes or suffixes in product names.
• The company stated that the value of their products affected by the order is between Rs 155-180 crore.

Detailed Insights:

• The FSSAI's orders abruptly reversed previous directives from July 2022 and February 2024, which had allowed the use of the term "ORS" in registered trademarks with specific disclaimers.
• The FSSAI had initially permitted food business operators (FBOs) with registered trademarks containing "ORS" to continue manufacturing until a decision by the Controller General of Patents, Designs and Trade Marks.
• The FSSAI withdrew all prior permissions for using "ORS" with brand names, stating that it violates the Food Safety and Standards Act, 2006, and that such practices mislead consumers through deceptive labeling.
• The court has directed the FSSAI to provide JNTL Consumer Health an opportunity for a hearing, and to decide on their representation before enforcing the orders.

Key Concepts Involved:

• FSSAI (Food Safety and Standards Authority of India): A statutory body responsible for regulating and supervising food safety in India.
• ORS (Oral Rehydration Solution): A solution used to prevent and treat dehydration, especially due to diarrhea.
• FSS Act (Food Safety and Standards Act, 2006): An act to consolidate the laws relating to food and to establish the FSSAI for laying down science based standards for articles of food.