Ghoi Foods Private Ltd. v. Union of India
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.