HC declines to halt ban on pan masala in Maharashtra

The Bombay High Court has refused to grant a stay on the order issued by the Food and Drug Administration (FDA) imposing a ban on the manufacture, storage, distribution, transport, and sale of pan masala, comprising tobacco and areca nuts, across Maharashtra.

During the hearing on Thursday, the court reiterated the paramount importance of protecting public health, emphasizing the state’s obligation to safeguard its citizens. Justices GS Kulkarni and Firdosh P Pooniwalla stressed that each state has the responsibility to prioritize the well-being of its populace. “Every state has a duty to ensure the health of its citizens; Maharashtra cannot allow what Uttar Pradesh may permit,” remarked the bench.

The case stemmed from a petition filed by Dharampal Satyapal Ltd, the manufacturer of Rajnigandha Pan Masala, represented by advocate Yashwardhan Tiwari. The petition challenged the FDA’s July 2023 order, asserting that pan masala, classified as a food item under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, does not contain tobacco or nicotine.

The petitioners argued against the repeated imposition of prohibitory orders since 2012, labeling it as an unconstitutional and arbitrary move. They questioned the extension of the ban beyond the permissible one-year period and raised concerns regarding the lack of scientific evidence on the harmful effects of areca nut/betel nut.

In response, the FDA highlighted the petitioner’s delay in approaching the court despite the ban being in place since 2012. Additionally, it emphasized the court’s previous rulings upholding similar notifications banning gutka/pan masala. The FDA maintained that the annual policy decision to impose the ban is based on medical and health-related reports, and Rajnigandha lacks the necessary license to operate in Maharashtra.

Acknowledging the arguments from both sides, the court deferred further proceedings to April 1 for additional deliberations, signaling the complexity of the issue at hand.