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Telangana HC directive to State on sale of misleading ORS substitute products
Health educator and paediatrician files PIL challenging the action of the authorities in not taking steps against the misleading and false advertisements and marketing of ORS substitute products
Hyderabad: A two-judge bench of the Telangana High Court comprising acting Chief Justice Sujoy Paul and Justice Dr G RadhaRani on Thursday directed the Union of India, State, FSSAI, and others to file a counter within five weeks in a matter about the sale of misleading ORS substitute products.
Sivaranjani Santosh, a health educator and a senior paediatrician filed the public interest litigation case challenging the action of the authorities in not taking steps against the misleading, false and offensive advertisements and marketing of ORS substitute products.
It is the case of the petitioner that certain pharma companies were misleading the public by labeling their drinks as ORS drinks even though the ingredients do not satisfy the parameters of ORS prescribed by WHO (World Health Organisation).
The WHO prescribed ORS drinks with low osmolarity whereas the drinks in the market have high osmolarity.
The counsel for the petitioner contended that when children suffering with diarrhoea consume ORS drinks with high osmolarity, the diarrhoea gets worsened and leads to severe dehydration warranting seizures, kidney failures, paralysis, and even deaths in some children.
The petitioner sought directions to the authorities to prosecute the manufacturers and vendors of ORS products sold with misleading labels, and packages and further to seize the said products.
The petitioner emphasised that authorities should ensure the term ORS was not used in the labeling, marketing, or advertising of any ORS substitute products.
They should also ensure strict compliance with rules by mandating the manufacturers to disclose the WHO standards as approved by the regulatory authority in India under Clause 27 of Schedule K of the Drugs Rules.
The petitioner further sought directions to companies to ensure and certify that the product conforms the same on their packaging and labeling otherwise to prohibit the sale, exhibition, and advertising of all such substitutes with misleading packs/labels in pharma medical stores.
Hearing the same, the bench directed the authorities and companies to file counters and scheduled the next hearing on March 6.