In a recent development, the Food Safety and Standards Authority of India (FSSAI) issued a significant order on July 14, 2022, addressing the usage of the term “ORS” along with brand names by Food Business Operators (FBOs). This decision aims to provide clarity and guidelines for FBOs holding valid trademarks for product names resembling ‘ORS.’
Approaches to ‘ORS’ in Food Products
- The FSSAI has considered the complexities surrounding this matter and has decided to permit FBOs with valid trademarks to manufacture products using names similar to ‘ORS’ under their respective trademarked names. This allowance remains in effect until a final decision is received from the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), binding on all FBOs.
- Following discussions with the CGPDTM, it has been clarified that, as per the Trade Marks Act of 1999, FBOs can use the term “ORS along with other prefixes or suffixes” as a whole. This clarification relieves FBOs seeking clarity on using this specific term in their product names.
- To ensure transparency and avoid any confusion among consumers, the FSSAI has outlined specific conditions for FBOs manufacturing products with names incorporating “ORS along with other prefixes or suffixes.”
The key directives are as follows:
(a) FBOs are permitted to use the term “ORS along with other prefixes or suffixes” as a whole, aligning with Section 17 of the Trade Marks Act, 1999.
(b) FBOs must prominently declare on the Front-of-Pack that ‘The product is NOT an ORS formula as recommended by WHO’ or use similar phrases without altering the intended meaning. The font size for this disclaimer must adhere to specified dimensions based on the product’s display panel size.
(c) In addition to the above, FBOs must comply with sub-regulation 4(7) of the FSS (Advertising and Claims) Regulations, 2018. This involves stating a disclaimer on the front of the product packaging, clarifying that it is only a brand name or trademark and does not represent its true nature.
(d) All concerned FBOs are required to ensure compliance with these directives from April 1, 2024.
Conclusion
This announcement, approved by the Competent Authority, aims to provide a clear framework for FBOs using the term ‘ORS’ in their product names, emphasizing transparency, and preventing any potential misinformation or confusion among consumers.
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