The Delhi High Court has granted interim protection to JNTL Consumer Health (India) Pvt. Ltd., allowing the company to continue selling its ORSL-branded electrolyte beverages despite a recent Food Safety and Standards Authority of India (FSSAI) directive prohibiting the use of “ORS” in labels for non-WHO-compliant formulations. This ruling provides temporary relief to JNTL, enabling it to sell approximately ₹180 crore worth of existing ORSL stock amid ongoing legal proceedings.
A bench of Justice Sachin Datta on 17 October directed that the FSSAI’s impugned orders dated October 14, 2025, and the clarification dated October 15, 2025, shall not be enforced against JNTL until the company submits a representation within one week and it is decided after a hearing. JNTL challenged the FSSAI’s abrupt order withdrawing its earlier orders allowing such labelling, arguing it violated due process and natural justice principles, as no notice or hearing was provided before the policy reversal.
The court stated that the company will submit a representation against the FSSAI order within a week, and the orders should not be given effect to against the company. Disposing the petition, the court further stated that JNTL can avail further remedies if it is aggrieved by the outcome.
In its plea, the company said that the FSSAI order exposed it to potential enforcement actions, including product seizures, license suspensions and criminal penalties, despite its full compliance with FSSAI’s earlier directions. JNTL further stated that products worth approximately ₹155–180 crore are currently in the supply chain and that the abrupt withdrawal of the product would cause irreparable harm to its brand.
The company also argued that FSSAI’s earlier order allowing ORS branding with prefixes and suffixes were endorsed by Telangana High Court, and therefore it was binding and can’t be reversed without following due process. The company further argued that the Controller General of Patents, Designs and Trademarks, had confirmed that the use of “ORS” with prefixes or suffixes could form part of a composite mark under Section 17 of the Trade Marks Act, 1999.
The FSSAI’s October 14 directive rescinded earlier permissions from 2022 and 2024 that had allowed the use of “ORS” with prefixes or suffixes in brand names for electrolyte drinks, fruit-based beverages, and ready-to-serve products, provided they included a disclaimer stating they were not WHO-recommended Oral Rehydration Solutions (ORS). True ORS formulations, as per WHO guidelines, consist of a specific balance of salts, sugars, and water to treat dehydration from conditions like diarrhoea or heat exhaustion. The regulator’s move aims to prevent misleading marketing, as non-compliant products often contain high sugar levels and could pose health risks, especially to children, where diarrhoea is a leading cause of mortality in India.
The ORSL branded electrolyte drinks made by JNTL Consumer Health is hit hard by the FSSAI order, as it is a popular beverage sold across the country, both in pharmacies and general stores. JNTL Consumer Health (India) Private Limited is a subsidiary of Kenvue, a US-based consumer health company. It was formerly part of the multinational corporation Johnson & Johnson. In 2023, Johnson & Johnson spun off its consumer health business, and created Kenvue.
