Godawat Pan Masala v. Union of India

Smokeless tobacco manufacturers and other associated entities challenged several state orders banning the manufacture, sale, storage and distribution of pan masala and gutkha for varying times.  In its decision, the Supreme Court found that only the central government can ban food either by parliamentary action or by rules promulgated under the Prevention of Food Adulteration Act, 1954 (Food Act).  The Court found that that the states do not possess the power to ban – even if the states invoke provisions of the Food Act.  The Supreme Court also maintained that it could not agree with petitioners’ contention that pan masala and gutkha are not food.  The Court quashed the state orders.


Godowat Pan Masala and Ors. v. Union of India and Ors., Appeal No. 4674 of 2004 , Supreme Court (2004).

  • India
  • Aug 2, 2004
  • Supreme Court


Plaintiff Godawat Pan Masala and Ors.

Defendant Union of India and Ors.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics


Substantive Issues

Type of Tobacco Product