Back
2025 Supreme(Online)(Del) 7303
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sachin Datta, J
DR REDDYS LABORATORIES LIMITED – Appellant
Versus
UNION OF INDIA – Respondent
W.P.(C) 16303/2025
For the Appellants/Petitioners: Ms. Neelima Tripathi, Ms. Sanam Tripathi, Ms. Anjali Kaushik, Ms. Kriti Sharma, Mr. Harjeet Singh, Mr. Gopal K. Gangawali
For the Respondents: Mr. Chetan Sharma, Mr. Ashish K. Dixit, Mr. Aamir Zafar Khan, Mr. Umar Hashmi, Mr. Amit Gupta, Mr. Shubham Sharma, Mr. Abdullah Shahid, Mr. Vikram Aditya Singh, Mr. Yash Wardhan Sharma, Mr. Naman, Ms. Iqra Sheikh, Mr. Harshit Chitransh, Mr. Aditya Shandily, Mr. Shivam Tiwari
FSSAI's orders to prohibit 'ORS' in product names justified due to public health concerns, outweighing trademark rights.
Headnote:(A) Food Safety and Standards Act, 2006 - Sections 16, 18, 23, 24 - Orders prohibiting use of the term 'ORS' in food product names issued by FSSAI - Petitioner argued orders infringe trademark rights and fundamental rights - No prior consultation with stakeholders - Court highlighted potential health risks and justified FSSAI’s actions based on consumer safety. (Paras 1-12)
(B) Regulatory oversight - Court ruled that regulatory decisions concerning public health are not subject to judicial review unless there is clear illegality - The actions of FSSAI are aimed at protecting consumers from misleading claims. (Paras 9, 10)
Facts of the case:
The petitioner contested orders that imposed restrictions on product labeling, claiming significant financial loss and infringement of rights, without prior discussion.
Findings of Court:
The court emphasized the need for FSSAI's actions to safeguard public health, dismissing the petition while allowing the petitioner opportunities to present concerns to the regulatory authority.
Issues: Primarily centered on the legality of FSSAI’s orders and their implications on public health.
Ratio Decidendi: The court upheld that statutory health regulations can take precedence over trademark rights where public safety is at risk, reinforcing the authority of FSSAI in such matters.
Result: Petition dismissed.
| Table of Content |
|---|
| 1. challenge to fssai orders for product naming restrictions. (Para 1 , 2 , 3) |
| 2. claims of financial impact and lack of consultation by fssai. (Para 4 , 5 , 6) |
| 3. emphasis on fssai's role in consumer health protection. (Para 9 , 10 , 12) |
| 4. decision to dismiss based on public health protection. (Para 14 , 15) |
1. The present petition has been filed by the petitioner assailing the order bearing F.No.RCD-15001/6/2021-Regulator-FSSAI [E-1475] dated 14.10.2025 and the subsequent clarification / order bearing F. No. RCD-15001/6/2021-Regulatory-FSSAI [E-1475] dated 15.10.2025, both issued by the respondent no.2 (Food Safety and Standards Authority of India – FSSAI) as also a communication bearing No. TS/Enforcement/FSSAI-SRO/25-26/01 dated 23.10.2025, issued by FSSAI. The order bearing F.No.RCD-15001/6/2021-Regulator-FSSAI [E-1475] dated 14.10.2025 reads as under :
Clarification / order bearing F. No. RCD-15001/6/2021-Regulatory-FSSAI [E-1475] dated 15.10.2025 is reproduced as under –
Communication bearing No. TS/Enforcement/FSSAI-SRO/25-26/01 dated 23.10.2025 is reproduced as under –
2. Thus, the FSSAI has sought to impose an embargo on the use of the word ‘ORS’, whether as a standalone term or in combination with any prefix/suffix, in the naming of any food product, inter-alia, any fruit-based or non-carbonated or ready-to-drink beverages.
3. It is the case of the petitioner that the impugned orders have been issued without any notice, hearing, or even consultation with the concerned stakeholders, including the petitioner. It is submitted that the impugned orders have a significant impact on the ongoing operations of the petitioner, as also their proprietary / trademark rights, and also infringes the fundamental rights of the petitioner.
4. It is submitted that, as on date, there are large quantities of the product lying in storage and within the supply chain, which had already been manufactured / distributed prior to the issuance of the impugned orders. It is submitted that the petitioner shall sustain huge monetary loss if the said finished goods are not allowed to be sold with their existing packaging. Further, according to the petitioner, the position of the finished goods inventory with the petitioner as on 15.10.2025 is as under:
Description
FG Stock (units)
FG Stock
(value in Rs.)
Rebalanz VITORS Apple 200 ml
1,74,904
28,65,871
Rebalanz VITORS Orange 200 ml
2,33,784
36,23,652
Rebalanz VITORS 200 ml Mango
4,33,493
74,64,749
Total quantity of unsold finished goods of the Product and Total Realized Value
8,47,181
1,39,54,272
5. The petitioner has also placed heavy reliance on an order dated 17.10.2025, passed in JNTL Consumer Health India Pvt. Ltd. Vs. Union of India & Anr., bearing W.P.(C) 16217/2025.
6. Vide order dated 28.10.2025 passed in the present proceedings, it was, inter-alia, ordered as under:
“3.The present petition has been filed by the petitioners seeking the following prayers: -
“a) Issue a writ of certiorari or any other appropriate writ, order or direction setting aside/ quashing the order bearing F. No.RCD-15001/6/2021-Regulatory-FSSAI [E-1475] dated 14.10.2025 (Impugned Order-I) and the subsequent clarification / order bearing F. No.RCD-15001/6/2021-Regulatory-FSSAI [E-1475] dated 15.10.2025 (Impugned Order-II) both issued by Respondent No.2, and all consequential actions initiated against the Petitioners in pursuance thereto, including but not limited to the communication dated 23.10.2025 bearing no. TS/Enforcement/FSSAI-SRO/25 -26/01 issued by Respondent No.2 (Impugned Communication);
b) Issue a writ of Mandamus or any other appropriate writ, order or direction restraining the Respondents from taking any coercive steps against the Petitioners in pursuance of the impugned orders and the impugned communication and/or interfering with the manufacture, marketing, distribution, supply and/or sale of the product by/and/or on behalf of the Petitioners, during the pendency of this writ petition.
c) Issue
