Delhi High Court protects JNTL Consumer Health from FSSAI’s ‘ORS’ trademark ban
Justice Sachin Datta said that the FSSAI will not give effect to the orders dated October 14 and 15, 2025 as far as it concerns the petitioner.
“In addition, until the representation in question is decided in accordance with the law and after the plaintiff is given the opportunity to hear, the allegations put forward in the current petition are duly taken into consideration, and it is accepted that the disputed decision dated 14.10.2025 and 15.10.2025 will not come into force as the plaintiff.”
– Justice Sachin Datta
The petition challenged FSSAI’s sudden decision to cancel its earlier orders dated July 14, 2022 and February 2, 2024, which allowed food operators with valid registered trademarks containing “ORS” to continue using them with clear disclaimers stating that the products are not oral rehydration salt formulations recommended by WHO.
JNTL, which manufactures and markets the popular hydration drink ORSL, said the withdrawal was carried out without prior notice, consultation or hearing, citing the Food Safety and Standards Act, 2006, the Food Safety and Standards Rules, 2011 and Rupa Singh v Union of India, which requires the FSSAI to consult stakeholders before taking any adverse action in the matter. He argued that it violated the Delhi High Court’s 2021 order.
The company said that although it had fully complied with FSSAI’s earlier directions, the orders exposed it to potential enforcement actions, including product seizure, license suspension and criminal sanctions. JNTL stated that products worth around ₹155-180 crore are currently in its supply chain and a sudden reversal will cause irreparable damage to its brand and goodwill built up over two decades.
The petition also referred to the opinion of the Controller-General of Patents, Designs and Trademarks, which confirmed that the use of “ORS” in combination with prefixes or suffixes may form part of a composite mark within the meaning of Section 17 of the Trade Marks Act 1999. JNTL argued that FSSAI’s earlier stand confirming this position and passed before the Telangana High Court is binding and cannot be withdrawn without following due process.
The Supreme Court’s order ensures that no coercive action will be taken against JNTL until the FSSAI reconsiders its position after granting the company a hearing.
JNTL was represented by Senior Advocate Sandeep Sethi and Pragyan Sharma and Advocates Gawree Gokhale, Alip.
