The Supreme Court is set to examine an interesting question arising from apparent conflict in provisions of two laws — one allowing and regulating sale of cigarettes and tobacco products, including gutka, pan masala and chewing tobacco, while the other bans use of tobacco and nicotine in food products. A bench of Justices G S Singhvi and S J Mukhopadhay issued notice to gutka and pan masala manufacturers on a petition filed by the Union government seeking transfer of their petitions in the Delhi High Court, where the new provisions of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, was challenged.
Appearing for the Centre, additional solicitor general Harin Raval said that an identical issue related to similar provisions in the eclipsed Prevention of Food Adulteration Act was being adjudicated by the apex court and requested for transfer of the pending petition in the HC. The court asked the gutka and pan masala manufacturers to file their replies in four weeks.
The food safety and standards regulation prescribed that "tobacco and nicotine shall not be used as ingredients in any food products". The manufacturers had challenged this provision in the HC on the ground that manufacture and sale of tobacco and nicotine containing products such as pan masala and gutka were permitted but regulated by the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.
It said the food regulation hindered the trade, commerce, production, supply and distribution of the these products resulting in unwarranted harassment and hindrance to their right to carry on business. The Supreme Court, while hearing a related matter, had banned use of plastic pouches for packaging of gutka and pan masalas or any tobacco product forcing the industry to shift to paper packaging.
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