Supreme Court stays Madras High Court’s order to ban gutka and other tobacco-based products in Tamil Nadu

On April 25, 2023, the Supreme Court of India heard a case related to the gutka and pan masala ban in Tamil Nadu state. The notification for the same was issued by the Commissioner of Food Safety on the grounds of dangers imposed on public health with its consumption. The Supreme Court bench hearing the case consisting of Justice BV Nagarathna, and Justice KM Joseph stayed the Madras High Court’s order of setting aside the prohibition of the sale, manufacture, and transport of gutka and other tobacco-based products. 

The tobacco traders and manufacturers were against the plea imposed by the state government and stated that the government did not have the power to completely ban gutka and other tobacco-based products. They further added that such a power was only available to the Parliament. Following this, Senior Advocate appearing for the tobacco traders, Manu Singhvi, Stated that “Ban is not the answer. You may prosecute for food standards.” He also contended before the top Court that tobacco/ chewing tobacco was admittedly not food. 

Senior Advocate Kapil Sibal appearing for State said that “We’re protecting people from disastrous consequences of having food articles that result in cancer. It is the government’s duty to protect people from such dangers.” He further added that the order of the Food Commissioner was backed by Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011. After hearing the contentions, the Supreme Court stayed the HC’s order.

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