New Delhi: Even as the food safety regulator FSSAI has directed to recall all misleading ORS brands, Dr. Shivranjani Santosh, the whistleblower who exposed the rampant malpractice, calls for creating a joint regulatory protocol with the apex drug regulator CDSCO to prevent companies from using drug names as trademarks.
Delivering a special address at the second edition of ETHealthworld NutriWell Conclave, Dr Santosh said, loopholes in trademark rules give companies space to exploit drugs as trademarks, However a “joint regulatory framework” involving apex regulators CDSCO and FSSAI could help extend the required scrutiny to curb their market entry and prevent mislabelling.
Addressing the issue of “Fixing Regulatory Gaps: Stopping Misleading High-Sugar ORS Products,” Dr. Santosh pointed out that while the Trademark Act, 1999 empowers authorities to reject deceptive trademarks, it stops short of prohibiting the use of drug names as brand trademarks — a loophole that companies have exploited to market their products with ORS branding.
In India, companies further chased, another gap in the Food Safety and Standards Act (2006), which allows “high sugar beverages—drinks with over 10 grams of sugar per 100 ml—to be registered under FSSAI, and evaded the drug scrutiny,’ she added.
However, regardless of approval, India’s food safety regulations mandate authentic ORS to adhere to WHO formulation and according to Dr Santosh a joint regulatory oversight mechanism could help to identify and prevent high-sugar products being marketed as ORS.
Disclaimer delusion
Flagging issues with disclaimer, Dr Sanoth noted that regulations mandate all disclaimers to be conspicuous and legible but there is no provision specifying their placement and prominence on the trade dress.
Citing the latest observation by the Delhi High Court in the appeal filed by JNTL Consumer Health, who markets one such brand ORSL, she said that court rulings has outlined that disclaimers cannot prevent, “inherently misleading labels.”
Besides direct misuse, Dr. Santosh also suggested that companies often manipulate brand names using synonyms, for example turning an ORS brand into “QRS,” with font style and presentation further influencing perception and t monitoring such practices should be an integral part of active regulatory oversight by the FSSAI.
In conclusion, Dr. Santosh stressed that misleading brands pose a serious threat in treating conditions like diarrhea, responsible for 13 of every 100 deaths in children under five and tan under regulated environment is jeopardizing their safety and warrants urgent attention.
