The top court was hearing appeals filed by the State against a January 2023 Madras High Court judgment that ruled that the none of the Central or State laws on sale and consumption of tobacco and food safety provide for any permanent ban on tobacco and tobacco products.
Therefore, government authorities cannot impose such ban on sale of tobacco products indefinitely, the High Court bench of Justices R Subramanian and K Kumaresh Babu had held.
Accordingly, it had quashed a 2018 notification banning the sale of gutka, pan masala, and other tobacco products in Tamil Nadu.
The said notification was issued by the Commissioner of Food Safety and Drugs Administration Department, Tamil Nadu under the Food Safety and Standards Act (FSS Act) of 2006 imposing a ban on the manufacture, storage, transport, distribution, or sale of chewable food products, guthka, pan masala, and any other products containing tobacco or nicotine as ingredients for a period of one year.
The High Court had reasoned that the Commissioner had no power under the Act to impose such complete prohibition.
The Supreme Court had issued notice in the matter on March 3.
Source: Barandbench
