The Government of Jammu and Kashmir, through the Office of the Commissioner, Food and Drugs Administration (Drugs & Food Control Organization), has issued a public notice withdrawing all permissions for the use of the term “ORS” (Oral Rehydration Solution) along with brand names or trademarks on food and beverage products.
The directive follows an official communication from the Food Safety and Standards Authority of India (FSSAI), which has prohibited the use of the term “ORS” in any form for products that do not conform to pharmaceutical standards prescribed for Oral Rehydration Solutions.
⚖️ Legal Basis and Scope of the Ban
The FSSAI, exercising its powers under Sections 16(1) and 18(2)(d) of the Food Safety and Standards Act, 2006, has mandated that the term “ORS” shall not be used as a brand name, trademark, prefix, suffix, or as part of any product name in the food or beverage category.
The prohibition applies irrespective of disclaimers or prior approvals that may have allowed such usage. Even labels carrying disclaimers like “This product is NOT an ORS formula as recommended by WHO” are no longer permitted.
📜 Withdrawal of Earlier Permissions
All earlier relaxations or advisories issued in July 2022 and February 2024 that permitted the limited use of “ORS” with disclaimers have been withdrawn with immediate effect.
This means that any food or drink product using the term “ORS” in its labeling, packaging, or advertisements will now be considered misbranded under Section 3(zf) of the Act.
🚫 Restrictions Under the FSS Act
Under Section 23 (Packaging and Labelling of Foods) and Section 24 (Restrictions on Advertisement) of the Food Safety and Standards Act, 2006, no person shall:
- Manufacture, distribute, or sell any misbranded or misleading product, or
- Publish or advertise products likely to deceive consumers regarding their nature, composition, or health benefits.
Henceforth, any product carrying “ORS” in its name, logo, or promotion will be treated as non-compliant and liable for regulatory action.
⚠️ Directions to Food Business Operators (FBOs)
All Food Business Operators (FBOs), including manufacturers, distributors, retailers, and e-commerce platforms, have been directed to:
- Immediately discontinue the use of the term “ORS” in all forms—labels, packaging, advertisements, and promotional materials.
- Withdraw or relabel existing stocks to comply with the provisions of the Food Safety and Standards Act and related regulations.
Non-compliance will attract strict penal action under:
- Section 52 (penalty for misleading advertisements),
- Section 53 (penalty for misbranding), and
- Section 63 (prosecution for contravention of the Act, with penalties including imprisonment and fines up to ₹10 lakh).
🧪 Advisory for Consumers
The general public has been advised to exercise caution and avoid purchasing or consuming any food or drink labeled as “ORS”, except those that are:
- Pharmaceutical-grade Oral Rehydration Solutions, and
- Approved under the Drugs and Cosmetics Act, 1940, conforming to WHO/ICMR standards.
This step ensures that consumers are not misled by products marketed as “ORS,” which could pose serious health risks if used in place of medically approved rehydration formulas.
🔍 Objective of the Directive
The notification aims to:
- Protect public health by preventing consumer deception.
- Eliminate misleading marketing practices in the food and beverage sector.
- Ensure that ORS terminology remains restricted to medical-grade formulations regulated under drug laws.
- Promote compliance and transparency within the packaged food industry.
✅ Conclusion
The Government of Jammu & Kashmir, in line with FSSAI’s national directive, has taken a decisive step to safeguard consumer interests and uphold food safety standards.
All Food Business Operators must act promptly to remove or modify references to “ORS” from their products to avoid regulatory penalties. Consumers are urged to be vigilant and verify that any ORS-labeled product they purchase is pharmaceutical-grade and approved for medical use.
This public notice is binding on all concerned entities and issued in the interest of public health and consumer safety under the provisions of the Food Safety and Standards Act, 2006.