Ghoi Foods Private Ltd. v. Union of India
Ghoi Foods Private Limited v. UOI, WP No. 3131, Madhya Pradesh, Gwalior High Court (2012).
- May 7, 2012
- Madhya Pradesh, Gwalior High Court
Plaintiff Ghoi Foods Private Limited
Defendant Union of India (UOI)
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
Food Safety and Standard Act, 2006
Food Safety and Standards (Prohibition and Restrictions of Sales), Regulations, 2011
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)
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.
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.
Ghoi Foods Pvt. Ltd. (Ghoi), a company that produces, stores, and sells gutkha, sued the Union of India, et al. challenging the State's government's March order prohibiting the use of tobacco in food products. Ghoi claims that prohibiting the sale of tobacco-mixed gutkha under the Food Safety and Standards (Prohibition and Restrictions of Sales) Regulations 2011, is illegal, arbitrary and without jurisdiction. Ghoi further claims that pursuant to India's omnibus tobacco control law, COTPA, the Government has no authority to ban the sale and use of gutkha. The Court dismissed the petition, finding that it did not possess jurisdiction to hear the matter as the challenged statutory provision only can be heard by the main Madhya Pradesh bench.