Tamil Nadu extends ban on tobacco-containing chewable food products

The ban, which will be in effect for one year starting from May 23, has been announced by the state Commissioner of Food Safety and Drug Administration. This decision comes after the Supreme Court stayed the Madras High Court’s order that had previously lifted the ban on such products.

The Supreme Court has stayed the Madras High Court’s verdict that nullified a notification from May 2018, which prohibited the sale, manufacture, and transport of gutkha and other tobacco-based products in Tamil Nadu. 

The bench of justices KM Joseph and BV Nagarathna stayed the high court’s decision.

The state government appealed against the high court’s decision, and the Supreme Court acknowledged the need for a stay.

State has the right to safeguard the health of its citizens

Senior advocate Kapil Sibal and Additional Advocate General Amit Anand Tiwari, who had appeared for the Tamil Nadu government, said that the state government has the right to safeguard the health of its citizens. The Supreme Court sought a response to the plea challenging the Madras High Court’s order, and arguments were presented by senior advocates representing both the government and the firms involved in the trade of gutkha and pan masala. 

The high court had quashed the notification, deeming it to be beyond the powers of the food safety commissioner and raising concerns about conferring such powers without legal provision. 

The state government, in its appeal, emphasized the health hazards associated with tobacco consumption and highlighted the validity of the regulations prohibiting the use of tobacco or nicotine in food products.

Meanwhile, the tobacco traders and manufacturers argued that the state government lacked the authority to impose a permanent ban, suggesting that prosecution for food standards violations would be more appropriate.