HC refuses to stay ban on pan masala in Maharashtra

Bombay High Court refuses to stay FDA's order banning sale of pan masala in Maharashtra, citing state's duty to protect public health. Next hearing on April 1.

MUMBAI: The Bombay high court on Thursday declined to stay the order issued by the Food and Drug Administration (FDA) prohibiting the manufacture, storage, distribution, transport, and sale of tobacco and areca nuts, commonly known as pan masala, with or without additives, across the state.

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The court’s decision came during a hearing on Thursday, where it emphasised the state’s prerogative to safeguard public health. The division bench of Justice GS Kulkarni and justice Firdosh P Pooniwalla underscored that each state bears the responsibility to prioritise the well-being of its citizens. “Every state has a responsibility to take care of their citizens’ health, the fact that Uttar Pradesh has not banned it doesn’t mean Maharashtra will allow it,” said the bench.

The case pertained to a petition filed by Dharampal Satyapal Ltd, the manufacturer of Rajnigandha Pan Masala through advocate Yashwardhan Tiwari, challenging the FDA’s July 2023 order banning the sale and transport of Pan Masala and Gutka products in Maharashtra. The petition argued that Pan Masala is categorised as a food item under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, and does not contain tobacco or nicotine.

The FDA, however, argued that the first ban was issued in 2012, but the petitioners have delayed at least 12 years in approaching the court. Moreover, the court, on several instances has upheld similar notifications banning gutka/pan masala as challenged by the petitioner. Further, it was also submitted that this is purely a policy decision taken annually by the government after consideration of various medical and health-related reports available with hospitals and other agencies and is not in violation of any law or order passed by the court. Moreover, Rajnigandha is not licensed to perform its business in Maharashtra as the state does not issue a licence to manufacture pan masala in the state. The decision as it’s not against public policy need not be stayed. The court, while acknowledging the arguments from both sides, deferred further proceedings to April 1 for additional deliberations.