9 months ago
Delhi High Court Denies J&J Unit Relief on ORSL Stock
A company called JNTL makes a drink called ORSL.
The government's food safety team said they can't call it ORS (which helps sick people with dehydration) unless it meets special rules from the World Health Organization.
JNTL asked a judge if they could still sell the drinks they already made.
But the judge said no.
The judge explained that even if the drink isn't completely bad for you, calling it ORS when it's not up to standard is like misleading people, especially sick children who might need real ORS.
The judge said it's more important to protect people's health than to let the company sell these drinks.
Delhi High Court denied JNTL Consumer Health India Pvt Ltd time to sell its existing stock of ORSL-labelled beverages.
The court cited misbranding and serious public health concerns as reasons for its decision.
The FSSAI has banned the labeling of ORSL as Oral Rehydration Salts (ORS) unless it meets WHO standards.
The court noted that such products could mislead vulnerable populations, like children suffering from diarrhea.
JNTL is challenging the FSSAI's orders dated October 14 and 15, which withdrew permission for companies to use 'ORS' on labels without meeting medical formulation standards.
- Who
- JNTL Consumer Health India Pvt Ltd, Delhi High Court, Centre, FSSAI
- What
- Delhi High Court refused to grant JNTL Consumer Health India Pvt Ltd time to dispose of its existing stock of ORSL-labelled beverages, which are banned from being labeled as Oral Rehydration Salts (ORS) unless they meet WHO standards.
- Where
- Delhi High Court
- When
- Wednesday
- Why
- The court cited misbranding and serious public health concerns, stating that products not meeting WHO standards for ORS cannot be allowed in the market due to the potential to mislead and harm vulnerable populations.
JNTL Consumer Health (India) Pvt Ltd
Delhi High Court & FSSAI
Product Labeling and Public Health
JNTL Consumer Health (India) Pvt Ltd
JNTL sought time to dispose of its existing stock of ORSL-labelled beverages, arguing the product is not inherently harmful.
Delhi High Court & FSSAI
The court cited misbranding and serious public health concerns, stating that allowing products not meeting WHO standards for Oral Rehydration Salts (ORS) to remain in the market is unacceptable, especially due to the potential to mislead vulnerable populations like children suffering from diarrhea.
Company's Request vs. Court's Decision
JNTL Consumer Health (India) Pvt Ltd
JNTL requested permission to sell its current stock of ORSL-labelled drinks.
Delhi High Court & FSSAI
The High Court refused the request, advising the company to recall the stock due to public health concerns related to misbranding.
Key facts
- Company
- JNTL Consumer Health India Pvt Ltd
- Product
- ORSL-labelled electrolyte beverages
- Regulatory Body
- Food Safety and Standards Authority of India (FSSAI)
- Court
- Delhi High Court
- FSSAI Orders
- October 14 and October 15
- Core Issue
- Misbranding of electrolyte beverages and adherence to WHO standards for Oral Rehydration Salts (ORS)
Quotes
The bench
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela of the Delhi High Court
“ORS has brought a revolution to a poor country like ours and the rate of deaths of children has gone down in these areas. Earlier, UNICEF would distribute these for free and it is not whether it is harmful, but it is misbranding.”
thehansindia.com
“Sorry, we can’t permit it. Please recall it (stock). We will not permit it. We are sorry. The matter relates to public health concern.”
thehansindia.com
The court
The Delhi High Court bench
“In your product, you are also writing electrolytes; there is a possibility of misleading. It is not harmful to someone who is fit to take it but it is harmful to those who are unfit to take it.”
thehansindia.com
