LANGUAGE

Yadav et al. v. State of Bihar, et al.

Lal Babu Yadav, a distributor of Paan Masala, filed a writ petition challenging the validity of a law that prohibits the manufacture, storage, sale or distribution of Gutka and Paan Masala containing tobacco or nicotine.  Yadav claimed that the ban is contrary to the provisions of India's national tobacco control law, COTPA, and is incomprehensible because the ban does not prohibit other tobacco products that are equally harmful and only is imposed for one year. The Court dismissed the writ petition, finding that it was proper for the Commissioner of Food Safety to exercise power to impose the ban and within the Commissioner's discretion to choose the tobacco food products included in the ban.