TOBACCO CONTROL LAWS

All Kerala Tobacco Dealers' Association vs. State of Kerala

The court rejected the gutkha industry's prayer for an interim stay of the State of Kerala's gutkha and pan masala ban. Among other things, the court agreed with the finding of the Patna High Court in a similar matter that the Commissioner of Food Safety properly exercised his discretion to undertake a ban of these products. Finding no illegality or invalidity for the reasons stated by the petitioner, the court refused to stay operation of the ban.

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All Kerala Tobacco Dealers' Association vs. State of Kerala, Civil No. 12352/2012, Kerala High Court (2012).

  • India
  • Aug 2, 2012
  • Kerala High Court

Parties

Plaintiff All Kerala Tobacco Dealers' Association

Defendant State of Kerala

Legislation Cited

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

Food Safety and Standards Act, 2006

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

None

Substantive Issues

None

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.
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