Breaking News: Delhi HC Stays FSSAI Order On ORS Labels, Gives Interim Relief to Kenvue's ORSL
Delhi High Court
New Delhi: In an interim relief for JNTL Consumer Health India, the Delhi High Court has allowed the company to continue selling its ORSL-branded electrolyte beverages, despite a recent directive from the Food Safety and Standards Authority of India (FSSAI) prohibiting the use of ORS in the branding of non WHO compliant formulations.
A bench of Justice Sachin Datta, on October 17, 2025 granted temporary protection to JNTL, the consumer healthcare subsidiary of Johnson & Johnson (J&J) (JnJ), directing that FSSAI’s orders dated October 14, 2025, and clarification dated October 15, 2025, shall not be enforced against the company until further review. The court also permitted JNTL to submit a representation within one week, which FSSAI must decide after giving the company a hearing.
The stay allowed the company to continue selling existing stock valued between ₹155 crore and ₹180 crore.
The matter arose after FSSAI issued a sudden directive on October 14, 2025, followed by a clarification on October 15, revoking earlier permissions (from 2022 and 2024) that allowed manufacturers to use “ORS” as part of composite brand names such as “ORSL,” provided they carried a disclaimer that the products were not WHO-recommended Oral Rehydration Solutions (ORS).
The move, aimed at curbing potentially misleading branding, directly affected JNTL’s popular ORSL range—a line of electrolyte beverages widely available in pharmacies and general retail stores across India.
Earlier the Medical Dialogues Team reported that in a decision to protect consumers from misleading claims and prevent companies from marketing sugary or flavored drinks as medical rehydration solutions, the Food Safety and Standards Authority of India (FSSAI) has issued an order prohibiting the use of the term 'ORS' (Oral Rehydration Salts) on beverage labels unless the formulation strictly adheres to the World Health Organization (WHO) recommended standards.
The Delhi High Court recorded an agreement between the parties that JNTL would file a formal representation before FSSAI within one week challenging the impugned orders.
The Court then directed that the FSSAI orders dated October 14 and 15, 2025 shall remain in abeyance—that is, they will not be enforced against JNTL until the representation is decided, and only after the company is given an opportunity for a hearing and its contentions are duly considered.
Justice Datta further clarified that if the company is aggrieved by FSSAI’s final decision, it will be free to seek appropriate remedies under law. With these directions, the petition was disposed of.
The Delhi High Court’s interim order effectively allows JNTL Consumer Health to continue marketing and selling its ORSL-branded products for now, safeguarding its large inventory and preventing immediate regulatory action.
The court stated,
"It is further agreed that till the said representation is decided in accordance with law and after affording an opportunity of hearing to the petitioner and duly taking into account the contentions raised in the present petition, the impugned order dated 14.10.2025 and 15.10.2025 shall not be given effect to, qua the petitioner.Needless to say, in case the petitioner is aggrieved with the outcome of the aforesaid exercise, it shall be at liberty to avail appropriate remedies under law."
JNTL Consumer Health India is part of Kenvue Inc., which was spun off from Johnson & Johnson in 2023 as J&J’s consumer health division
To view the official order, click the link below:
https://medicaldialogues.in/pdf_upload/highcourtorder-1-305990.pdf
