Bombay High Court Upholds Maharashtra FDA’s Ban on Pan Masala, Citing Public Health Concerns

Mumbai, 15th March 2024: In a recent development, the Bombay High Court declined to halt the enforcement of an order issued by the Food and Drug Administration (FDA), which prohibits the manufacturing, storage, distribution, transport, and sale of tobacco and areca nuts, commonly known as pan masala, within Maharashtra. The decision, made during a hearing on Thursday, underscores the state’s commitment to safeguarding public health.

A division bench comprising Justice GS Kulkarni and Justice Firdosh P Pooniwalla emphasized the state’s duty to prioritize the well-being of its citizens. The bench asserted that each state holds the responsibility to ensure the health of its populace, regardless of the actions taken by other states. They remarked, “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.”

The case arose from a petition filed by Dharampal Satyapal Ltd, the manufacturer of Rajnigandha Pan Masala, through advocate Yashwardhan Tiwari. The petition challenged the FDA’s July 2023 order, which banned the sale and transport of Pan Masala and Gutka products in Maharashtra. The petition argued that Pan Masala falls under the category of food items according to the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, and does not contain tobacco or nicotine.

The petitioners further contended that the repeated issuance of prohibitory orders by the FDA since 2012 amounted to an unconstitutional and arbitrary permanent prohibition. They argued against extending the ban beyond the permissible one-year period and questioned the lack of scientific studies regarding the harmful effects of areca nut/betel nut.

In response, the FDA argued that the first ban was imposed in 2012, and the petitioners had delayed approaching the court for at least 12 years. The court had previously upheld similar notifications banning gutka/pan masala challenged by the petitioner. Additionally, the FDA stated that the annual policy decision to ban these products is based on medical and health-related reports from various agencies, and it does not violate any law or court order. Furthermore, it was revealed that Rajnigandha is not licensed to conduct business in Maharashtra as the state does not issue licenses for pan masala manufacturing within its borders.

The court, after considering arguments from both sides, postponed further proceedings to April 1 for additional deliberations, acknowledging the complexity of the matter.