Introduction: When “Health Drinks” Turned Harmful ORS vs ORSL
What happens when a word that saves lives becomes a tool for marketing? ORS vs ORSL
That’s exactly what unfolded in India over the past few years in the now-famous ORS vs ORSL controversy: a story of misleading trademarks, deceptive packaging, and a lone doctor’s fight against powerful beverage companies.
By 2025, this issue had become so serious that the Food Safety and Standards Authority of India (FSSAI) stepped in with a historic ruling, banning the use of the words “ORS” and “ORSL” from non-medical drink labels. This decision not only protected public health but also reshaped how trademarks and brand names are regulated in India’s food and beverage sector.
How It All Started: A Misleading Market Trend ORS vs ORSL
The controversy traces back to around 2017, when several drink manufacturers began launching beverages under names like ORS Plus, ORSL, ORS Fit, and ORS Energy.
These drinks were marketed as “hydration boosters” or “electrolyte drinks”, with packaging that mimicked genuine medical-grade Oral Rehydration Solutions (ORS) — a life-saving formula recommended by the World Health Organization (WHO) for treating dehydration caused by diarrhoea.
However, unlike true ORS solutions, these commercial beverages contained excessive sugar and inadequate electrolytes, making them potentially dangerous for consumers, particularly for children, diabetics, and patients suffering from dehydration.
The result? A massive public misunderstanding — many parents genuinely believed they were buying medically approved ORS drinks to treat dehydration, when in fact, they were purchasing sugary soft drinks in disguise.
The Whistleblower: Dr. Sivaranjani Santosh’s 8-Year Legal Battle
Enter Dr. Sivaranjani Santosh, a Hyderabad-based paediatrician, who first noticed this dangerous marketing trick when several of her child patients came in with worsened dehydration after consuming these so-called “ORS” beverages.
Realizing the depth of the problem, she began an eight-year campaign — filing complaints with the Health Ministry, FSSAI, and ultimately moving the Telangana High Court through a Public Interest Litigation (PIL).
Her efforts were later supported by the Endocrine Society of India, amplifying the medical community’s voice against deceptive branding.
Dr. Santosh’s campaign became a symbol of perseverance, showing how one individual’s fight can lead to systemic change in public health and consumer protection.
Regulatory Rollercoaster: From Relaxations to a Total Ban
The journey of regulation was anything but smooth.
- April 2022 – The FSSAI issued an initial directive restricting companies from using “ORS” on non-medical beverages.
- July 2022 and February 2024 – In a controversial move, FSSAI allowed limited use of the term if companies included a disclaimer stating, “This is not a WHO-recommended ORS formula.”
- October 14, 2025 – After reviewing medical evidence and growing public pressure, the FSSAI issued a decisive ban — prohibiting any use of the term “ORS,” “ORSL,” or similar variations on product labels, advertisements, or trademarks.
This final order stated that such branding violated the Food Safety and Standards Act, 2006, as it misled consumers and posed public health risks.
Trademark Implications: When Branding Crosses the Legal Line
From a trademark law perspective, the ORS vs ORSL case is a textbook example of how misleading or deceptive marks can cross into illegality.
While brand names like “ORSL” were registered trademarks, their use violated Section 9(2)(a) of the Trade Marks Act, 1999, which prohibits registration of marks that deceive or cause confusion about the nature or quality of goods.
Furthermore, under Section 24 of the Food Safety and Standards Act, no person is allowed to engage in deceptive marketing practices that mislead consumers about a product’s composition or intended use.
The FSSAI’s 2025 order effectively reinforced that trademark rights cannot override consumer protection laws — even if a name is registered, it can be prohibited if it misleads the public.
This sets a strong precedent for other industries where brand names mimic medical, therapeutic, or nutritional terms without scientific basis.
Why the Ban Matters: Protecting Health and Trust
The WHO-approved ORS is not just a drink — it’s a scientifically balanced combination of glucose, sodium, potassium, and chloride, designed to save lives during diarrhoeal dehydration.
Replacing it with a sugary, low-electrolyte substitute can cause:
- Worsened dehydration
- Increased blood sugar levels in diabetic patients
- Electrolyte imbalance, leading to fatigue or fainting
FSSAI’s ruling safeguards not only consumers’ health but also the integrity of medical terminology. It ensures that the term “ORS” retains its scientific and therapeutic value and is not diluted by commercial misuse.
The Landmark Outcome: A Win for Law and Humanity
As of October 2025, all food and beverage companies in India must remove “ORS” and its variants (like ORSL, ORS+, etc.) from their products, advertising, and trademarks.
The Telangana High Court continues to oversee compliance, while the Health Ministry and FSSAI jointly monitor enforcement.
This decision has been hailed as a landmark victory for consumer safety, public health, and truthful branding. It also sends a strong message to marketers, that ethics must never be sacrificed for sales.
Lessons from the ORS vs ORSL Saga
The ORS vs ORSL controversy is more than just a case about mislabeled drinks, it’s a powerful reminder of how misleading trademarks can endanger lives.
It also underlines the importance of vigilant regulation, responsible branding, and individual activism in ensuring corporate accountability.
Thanks to Dr. Sivaranjani Santosh’s tireless efforts and FSSAI’s firm stance, India has drawn a clear line between medical authenticity and marketing manipulation — setting an example for the world to follow.
For more information on Oral Rehydration Salts (ORS) and their recommended use, click the link.
For expert advice on handling trademark infringement, reach out to LexIndia IP Solutions. We’re here to help you safeguard your brand.
