Key Update

The Delhi High Court on Wednesday refused interim relief to JNTL Consumer Health (India) Pvt. Ltd., a subsidiary of Johnson & Johnson, which sought permission to sell its remaining stock of ORSL-labelled beverages. The court observed that it could not allow the sale of such products as it posed a “serious public health concern.”

FSSAI Orders Ban on Non-Compliant ORS Drinks

The Food Safety and Standards Authority of India (FSSAI) issued orders on October 14, 15, and 30 banning the manufacture and sale of ORS-labelled beverages that fail to meet World Health Organisation (WHO) standards for Oral Rehydration Salts (ORS). JNTL filed a fresh petition before a bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela, seeking to stay these FSSAI orders and requesting permission to clear its existing stock worth ₹100 crore.

JNTL Argues for Relief to Avoid Heavy Loss

Senior advocate Mukul Rohatgi, representing JNTL, told the court that the company had already stopped manufacturing the beverage and could not retrieve nearly half of the goods already distributed in the market. He said the firm was willing to rebrand the product but urged the court to let it sell the unsold stock. “We don’t want to lose ₹100 crore worth of stock. It’s unfair to treat it as an adulterated drug,” he argued.

Company Challenges Recall Regulation

JNTL also challenged the constitutional validity of the Food Safety and Standards (Food Recall Procedure) Regulations, 2017, particularly Regulation 5, which holds food business operators responsible for recalling unsafe food. The company sought to quash all three FSSAI orders issued in October.

Centre Opposes Plea, Court Refuses Interim Relief

Additional Solicitor General (ASG) Chetan Sharma, representing the Centre, opposed the plea, arguing that JNTL had already challenged the October 14 and 15 orders in an earlier case. He also pointed out that Dr Reddy’s Laboratories had raised a similar challenge, claiming that the issue could not be reopened.

The bench disagreed, noting that one manufacturer’s challenge does not prevent another from contesting the same regulation if the issue remains unresolved. However, the court firmly refused to allow JNTL to sell or clear its existing stock of ORSL-labelled beverages, emphasising that public health concerns outweigh commercial losses.

Source: The Indian Express