Tamil Nadu government to challenge High Court order setting aside notification on gutkha ban

Health Minister says discussions are under way with legal experts to see whether any amendments should be made to the current Act/rules or whether a new legislation should be brought in to ensure the continuation of the ban

The Tamil Nadu government has decided to file an appeal in the Supreme Court against the Madras High Court’s recent ruling setting aside a 2018 notification issued by the Food Safety Commissioner banning the manufacture and sale of gutkha and pan masala, Health Minister Ma. Subramanian said on Friday.

In a press release, he said discussions were under way with legal experts to see whether any amendments should be made to the current Act/rules or whether a new legislation should be brought in to ensure the continuation of the ban.

The Commissioner of Food Safety issued successive notifications every year banning these products in the State under Section 30 (2)(a) of the Food Safety and Standards Act, 2006. Action against sellers and wholesale dealers were intensified.

Firms move court

Several firms had approached the High Court against the legal action initiated by the government, the Minister said.

Mr. Subramanian noted that the Madras High Court had said tobacco fell under the definition of food in the Food Safety and Standards Act, while the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, was to ban advertisement and regulate the use of tobacco products. Both laws do not provide for a total ban on tobacco products.