Madras High Court: No Restrictions on Sale, Storage, Transport of Raw Chewable Tobacco

Rapid Summary:

• The Madras High Court ruled that Food Safety Officers cannot interfere with the storage, sale, or transportation of raw chewable tobacco until an expert committee’s report (constituted by the Union Ministry of Health in 2023) is submitted and the supreme Court provides further guidance.
• Justice N. Anand Venkatesh stated officials could act if raw chewable tobacco is found mixed with banned products like gutkha or pan masala.
• This judgement followed a writ petition filed by Rathinam Enterprises, whose unmanufactured chewable tobacco was seized under claims it was unsafe for human consumption.
• Petitioner’s counsel argued that raw chewable tobacco does not fall under “food,” as defined in the Food Safety and Standards Act of 2006, and its nicotine content naturally exists in such products.
• Tamil Nadu has enforced a ban on gutkha/pan masala since a 2013 Supreme Court order but expanded it to include all substances containing nicotine/tobacco after rulings from Division Benches of the High Court.
• Justice Venkatesh emphasized adherence to judicial precedent and highlighted an FSSAI advisory urging states to await final decisions from both the expert committee and the Supreme Court.

Indian Opinion Analysis:

This ruling reflects several intersecting legal frameworks regulating tobacco usage while balancing public health priorities. By affirming non-interference until higher-level adjudications are complete, this decision upholds procedural fairness while setting limits on regulatory overreach. It also underscores ongoing ambiguities in defining ‘food’ within India’s legal framework for enforcement purposes.

The broader issue lies at the heart of public health versus commerce: though enforcement against gutkha/pan masala responds to recognized health risks, extending bans to unprocessed forms brings regulatory challenges alongside potential economic consequences for cultivators and traders reliant on a regulated yet permitted industry. Clarity from both legislative actions post-FSSAI review and definitive direction by courts will be pivotal in navigating these complexities.

Read More: The Hindu Article