TN prevails at SC, puts gutkha sellers on notice

CHENNAI: The ban will continue and gutkha sellers in the State will continue to face the heat — stated the Tamil Nadu food safety department on Tuesday after the Supreme Court stayed the Madras High Court’s judgment that imposed a ban on the sale of gutkha, pan masala, and many other chewable food products that contain tobacco or nicotine.

A bench of Justices KM Joseph and BV Nagarathna stayed the High Court verdict dated January 20. “We are of the view that the petitioner (Tamil Nadu) has made out a case to stay the impugned judgment with regard to paragraph 13,” the Bench said.

Since 2013, the ban on gutkha, pan masala and chewing tobacco was issued by the Commissioner of Food Safety and Drug Administration to be implemented across Tamil Nadu and various measures were taken against the violators. However, the MHC on January 20, 2023, set aside the ban stating that the Commissioner of Food Safety has exceeded his powers by issuing bans year after year under Section 30(2)(a) of the Food Safety and Standards Act, 2006.

Following this, the Government of Tamil Nadu and the Designated Officer, of Villupuram district filed an appeal with the Supreme Court stating that the order to ban the sale, storage, manufacture, etc. of gutkha and other tobacco products by the Food Safety Commissioner is backed by Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011.

The Supreme Court accepted the argument and the need to ban these products. “With the special judgment granting an interim injunction against the judgment of the MHC, the ban on gutkha, pan masala and chewing tobacco continues. The Food Safety Department will take legal action against anyone who violates this ban,” the State health department said in a statement.

Welcoming the order, Cyril Alexander, the State convenor of the Tamil Nadu People’s Forum for Tobacco Control (TNPFTC), said Tamil Nadu has to come up with a government order to permanently implement the ban by making it an inclusion through the Public Health Act. This will help in taking action against the sale and distribution of tobacco products without any legal hurdles.

The State government in its appeal filed by advocate on record TS Sabarish and drawn by advocate Devyani Gupta said that the High Court held that tobacco, with or without additives, is a food product as defined under Section 3(1)(j) of the Food Safety and Standards Act, 2006.