The Delhi High Court has refused to interfere with a directive from the Food Safety and Standards Authority of India (FSSAI) to ban the sale of beverages with counterfeit ORS labels.
On Friday, a bench of Justice Sachin Datta stated that counterfeit ORS labels are a health hazard and cannot be allowed to be sold in the market. The court noted that a threat to public health cannot be allowed to persist and the ban imposed on the manufacture and sale of such products will continue.
Key Points Of The Ruling
FSSAI's Stance: The court acknowledged the FSSAI's notification, which stated that the use of "ORS", even as a prefix or suffix in trademark names, is misleading.
Legal Violation: Such use is a violation of the Food Safety and Standards Act, 2006, unless the product conforms to World Health Organisation (WHO) standards.
Details Of The Petition
The court made the observation while hearing a petition filed by Dr Reddy's Laboratories.
The Challenge: The petition challenged FSSAI orders dated October 14 and 15. These orders had withdrawn previous approvals that permitted the use of the word "ORS" as a prefix or suffix in registered trademarks for electrolyte and beverage products.
The Company's Argument: Dr Reddy's Laboratories argued that it has already ceased manufacturing new batches and is prepared to change the name. However, it requested that the product already in the market be permitted to be sold under the Rebalanz Vitors mark.
The Opposition: The company's arguments were opposed by Additional Solicitor General (ASG) Chetan Sharma, appearing on behalf of the FSSAI, and Central Government Standing Counsel Ashish Dixit.
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