The Food Safety and Standards Authority of India vide its notification dated 8th April 2022, has clarified that use of term ‘ORS’ (Oral Rehydration Salts) or similar to ‘ORS’ and/or depiction of the food products as ‘ORS’ on their labels or through advertisement is not allowed under the FSS regulation and use of such terms may render the products as ‘Misbranded Food’.
Regulation 2.2.1(3) of food Safety and Standards (Packaging and Labelling) Regulations, 2011, and sub-regulation 4(3) of Food Safety and Standards Labelling and Display) Regulations, 2020, which stipulates that, “Prepackaged food shall not be described or presented on any label or in any labelling in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect.
The product ‘ORS’ is a Drug under Drugs and Cosmetics Rules 1945 which is used for the treatment of acute diarrhea and has a specific composition prescribed by the Drugs Controller General of India. However, the marketing and labelling of the fruit based beverages etc. being manufactured by the FBOs under FSSAI Licenses and naming such products with the terms which contain ‘ORS’is not only misleading for the ordinary consumers but also harmful for the patients who may consume such products as 0RS especially in case of the children suffering from diseases like diarrhea, gastroenteritis, etc. may have serious health repercussions.
Therefore the Commissioners of Food Safety of all States/UTs and Central Licensing Authorities are advised to take appropriate actions against such FB0s under their respective jurisdictions including issuance of improvement notices under Section-32 of FSS Act, 2006 to them to rectify the labelling defects highlighted immediately while ensuring that the term ‘0RS’ is not used in the labelling of such products failing which appropriate legal action as per the provisions of the FSS Act, 2006 and Regulations made thereunder for violation in this respect shall be initiated against the defaulting FBOs.
