TOBACCO CONTROL LAWS

Ghodawat Pan Masala v. State of Karnataka

A company that manufactures pan masala challenged a government order prohibiting it from manufacturing, selling, or distributing gutkha and pan masala containing tobacco. The court rejected the company’s request for relief from the government order saying that to grant it would harm public health. The court noted that the government does have the authority to issue the order prohibiting the manufacture and sale of gutkha and pan masala containing tobacco. Additionally, the court rejected the company’s argument that it did not have sufficient warning about the order, noting that government enforcement did not take place until nearly a year and eight months after the ban on gutkha and pan masala went into effect.

Ghodawat Pan Masala v. State of Karnataka, W.P. No. 78378-78380/2013, High Court of Karnataka (2013).

  • India
  • Jun 25, 2013
  • High Court of Karnataka, Circuit Bench Dharwad
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Parties

Plaintiff Ghodawat Pan Masala Products

Defendant State of Karnataka

Third Party

  • Cancer Patients Aid Association

Legislation Cited

Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011

Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Excessive Delegation of Authority to the Executive
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

Smokeless tobacco products
Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products.
"[T]he Food Safety and Standards Act, 2006, is a subsequent legislation enacted by the parliament and the definition of the term "food" as contained in Section 3(1)(j) of the Act undoubtedly encompasses panmasala and gutka which is intended for human consumption."
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