The Madras High Court has struck down a notification issued by the Food Safety Commissioner in 2018 banning the production and sale of gutka and panmasala in Tamil Nadu. Justices R. Subramaniam, K. The decision was taken by a division bench comprising Kumaresh Babu. The cancellation was done on the grounds that the Food Safety and Standards Act (FSSA) does not provide for a complete ban on gutka products.
The bench also stated that the said Act provides only limited power to impose temporary ban in emergency situations. The bench added that FSSA is meant to ensure scientific method of food processing, food safety and quality. In its order issued on January 20, the court observed that granting jurisdiction to the commissioner to issue a notification banning any food item is illegal and therefore quashing the notification of 2018.
In 2013, the state government banned the production and sale of gutka and panmasala in Tamil Nadu under the FSS Act. Later, the Food Safety Commissioner issued similar orders. The High Court has now issued the order considering the petitions and appeals of the tobacco product manufacturers and the Food Safety Department.