Misleading Energy Drinks: Telangana HC Directs Authorities to Respond by February 28

Overview

The Telangana High Court has allowed the Endocrine Society of India to join a legal case initiated by Dr. M. Sivaranjani Santhosh against companies marketing unsafe energy drinks as oral rehydration solutions (ORS) on 23 Jan 2025. This move comes as concerns rise over the misuse of the term “ORS,” which is recognized for its effectiveness in treating dehydration.

The Endocrine society of India had filed a plea through secretary Dr KVS Hari Kumar, urging the HC to permit it to join the PIL by Dr M Sivaranjani Santhosh and assist the court.

Court’s Permission

Dr. KVS Hari Kumar from the Endocrine Society emphasized the dangers posed by these energy drinks, especially for diabetic patients, noting that misleading labeling has led to serious health consequences. The case is set to be heard again on March 6.

Background of the Case-

In her public interest litigation (PIL), Dr. Santhosh claims that various companies are misleading consumers by branding energy drinks with names similar to ORS, such as ORSL, ORSL Plus, and ORS FIT. These products, she argues, pose significant health risks, particularly to infants and children, leading to complications and even fatalities.

Senior counsel MV Durga Prasad, representing Dr. Santhosh, highlighted that the sale of these deceptive products violates several laws, including the Indian Penal Code,Food Safety and Standards Act, Drugs and Magic Remedies Prohibition Act and the Drugs and Cosmetics Act. He criticized the lack of action from food safety authorities despite clear directives to address the issue. In his implead petition, Dr Kumar said energy drinks are hazardous, largely affect diabetic patients and cause dehydration and other organ issues. 
“It is not out of place to state that shopkeepers have been selling sugar-loaded products dubiously labelled as ORS to consumers, which have resulted in many diabetics finding themselves in emergency room with aftereffects of dehydration,” he said. The society brought to the notice of the court that the high sugar content in the mislabelled ORS products poses a fatal risk to sick infants and children.

Court’s Directions to Authorities

The court, presided over by Acting Chief Justice Sujoy Paul and Justice G. Radha Rani, has directed Food Safety and Standards Authority of India (FSSAI), Union health ministry, enforcement division of the Central Drugs Standard Control Organisation (CDSCO) to respond to the allegations by February 28.

The Medical Bulletin