FSSAI Updates Guidelines on Usage of “ORS” Term in Food Product Brand Names

FSSAI Updates Guidelines on Usage of “ORS” 

The Food Safety and Standards Authority of India (FSSAI) has recently issued an updated directive concerning the utilization of the term “ORS” in brand names for food products. This development follows a previous order issued in July 2022, permitting manufacturers with valid trademarks containing “ORS” to continue using them until a decision from the Controller General of Patents, Designs, and Trade Marks (CGPDTM) was received.

In response, the CGPDTM has provided clarity, stating that the term “ORS,” when combined with other prefixes or suffixes, can indeed be utilized in trademarks under Section 17 of the Trade Marks Act, 1999. However, the FSSAI has outlined specific conditions that manufacturers must adhere to when using such brand names:

  1. Utilization of “ORS” Term: FBOs with valid trademarks containing “ORS” may use the term “ORS along with other prefixes or suffixes” as a whole, aligning with Section 17 of the Trade Marks Act, 1999.
  2. Prominent Declaration: All such FBOs are mandated to provide a prominent declaration on their product packaging’s Front-of-Pack, stating ‘The product is NOT an ORS formula as recommended by WHO’ or similar phrases to prevent consumer confusion. Font sizes for this disclaimer are specified based on the size of the principal display panel.
  3. Compliance with Advertising Regulations: Additionally, FBOs must comply with the provisions outlined in sub-regulation 4(7) of the FSS (Advertising and Claims) Regulations, 2018. This includes clearly stating a disclaimer on the front of the product packaging, specifying that the term used is merely a brand name or trademark and does not represent its true nature.
  4. Compliance Deadline: All concerned FBOs must ensure compliance with these directives effective from 1st April 2024.

To strengthen your CV, join our WhatsApp Group Food Tech Alerts for such news notifications.

Impact on Manufacturers:

  • Manufacturers with pre-existing trademarks containing “ORS” must adhere to the new labelling requirements by the specified deadline.
  • Manufacturers lacking valid trademarks for names containing “ORS” must either reformulate their products or discontinue them to comply with regulations.

Consumer Implications:

  • Consumers can now expect clearer information regarding whether a product claiming to be “ORS” adheres to WHO standards.
  • The updated labelling requirements aim to prevent false or misleading claims related to ORS benefits, enhancing consumer trust and safety.

This directive from the FSSAI underscores its commitment to ensuring transparency and accuracy in food labelling, ultimately safeguarding consumer interests and public health.

For those interested in reading the official order, click here.

Leave a Reply

Your email address will not be published. Required fields are marked *