Hookah, tobacco is not ‘food’, doesn’t come under FSS Act: State tells HC

The statement came in an affidavit filed in reply to petitions filed by SOEX India and High Street Impex LLP, companies engaged in manufacturing and exporting tobacco and related products

MUMBAI: The state government has told the Bombay High Court that flavoured hookah tobacco does not qualify as “food” and therefore the court cannot take action against its manufacturers or exporters under the Food Safety and Standards (FSS) Act, 2006.

Hookah, tobacco is not ‘food’, doesn’t come under FSS Act: State tells HC (Getty Images/iStockphoto)

The statement came in an affidavit filed in reply to petitions filed by SOEX India and High Street Impex LLP, companies engaged in manufacturing and exporting tobacco and related products.

The firms had approached the court through advocate Anukul Seth after Food Safety officials raided their factory in Pune district’s Maval tehsil and a warehouse in Bhiwandi in December 2025 and January 2026. Authorities sealed their factory, storage facility and office in Fort bringing their business to a standstill, claiming that the premises were being used without proper authorisation and in violation of FSS regulations and a July 2025 government order. Goods worth around ₹32 crore, meant for export, were also seized, halting operations.

During a February hearing, senior advocate Vikram Nankani,representing the companies, argued that their competitors engaged in a similar business had not been targeted in the same way. The senior advocate added that the companies had started receiving notices for cancelling export orders, which would cause huge monetary loss to them.

The state, however, maintained that existing government regulations do not permit the manufacture of any item containing tobacco in Maharashtra. Representing the state, senior advocate Rajiv Patil said that no entity manufacturing, distributing, storing, and transporting items containing tobacco can be permitted to conduct business or operate its factory in the state.

A division bench of justices Ravindra Ghuge and Abhay Mantri criticised the state’s rigid stand and warned it could face damages if the action was found unjustified. The court ordered the highest officer in the medical education and the drugs department to file an affidavit stating that “any factory found to be indulging in the manufacturing of such (tobacco) products shall be shut down forthwith”.

The court also added that if that state’s actions are found to be “high-handed, unwarranted, or otherwise vitiated by law”, the state would have to pay damages to the two companies. Following this, the state told the court on March 6 that it would unseal the premises and release the seized goods.

In a fresh affidavit filed on April 6, joint secretary Ramchandra Dhanawade cited a March 23 clarification by the Food Safety and Standards Authority of India (FSSAI), stating that flavoured hookah tobacco does not fall within the definition of “food” under the 2006 Act. Therefore Dhanawade concluded that no action is warranted against manufacturers or others dealing with hookah tobacco under the 2006 Act.

The affidavit added that in view of the clarification, “continuation of coercive action under the said Act in respect of the petitioners’ products would not be warranted”.