Key Update

The Delhi High Court granted interim protection to JNTL Consumer Health (India) in its petition challenging the Food Safety and Standards Authority of India’s (FSSAI) sudden revocation of approvals allowing the use of “ORS” with prefixes or suffixes in registered trademarks for electrolyte and beverage products. Justice Sachin Datta directed FSSAI not to enforce its October 14 and 15, 2025 orders against JNTL. The court ordered FSSAI to hear the company and consider its representation before taking any action.

Company Challenges: Abrupt Withdrawal

JNTL challenged FSSAI’s revocation of approvals issued on July 14, 2022, and February 2, 2024. Those approvals allowed products with valid trademarks containing “ORS” to use the term, provided the labels clearly stated the products were not WHO-recommended oral rehydration salts.

The company argued that FSSAI acted without prior notice, consultation, or hearing, violating the Food Safety and Standards Act, 2006, the Food Safety and Standards Rules, 2011, and the Delhi High Court’s 2021 judgment in Rupa Singh v. Union of India, which requires stakeholder consultations before taking adverse action.

Orders Threaten Business Operations

JNTL stated that FSSAI’s abrupt action exposed it to enforcement measures, including product seizures, license suspensions, and criminal penalties, despite full compliance with earlier directives. The company noted that products worth ₹155–180 crore already sit in the supply chain, and the withdrawal could cause irreparable damage to its brand and goodwill built over two decades.

Trademark Authority Supports Company’s Position

JNTL highlighted that the Controller General of Patents, Designs, and Trademarks confirmed “ORS” with prefixes or suffixes can form part of a composite mark under Section 17 of the Trade Marks Act, 1999. The company argued that FSSAI had previously endorsed this position, and the High Court of Telangana had upheld it. JNTL asserted that FSSAI cannot reverse its stance without following due process.

Next Steps for FSSAI and JNTL

The High Court’s interim order bars FSSAI from taking coercive measures until it reconsiders the matter and grants JNTL a hearing. The company was represented by Senior Advocates Sandeep Sethi and Pragyan Sharma, along with Advocates Gawree Gokhale, Alipak Banerjee, and Parva Khare, and a team from Bahuguna Law Associates.

Source: Deccan Chronicle