Omkar Agency v. Union of India

Omkar Agency filed a writ challenging the Indian government and its ministries from enforcing the ban on gutkha or pan mashala containing tobacco.  The writ asserts that the regulations regarding gutkha or pan mashala under the Food Safety and Standards Act 2006 are invalid because neither gutkha nor pan mashala are an article of food and the national Cigarettes and Other Tobacco Products Act 2003 (COTPA) should control tobacco regulation.  Omkar, a business that stocked and sold gutkha prior to the regulations, seeks relief from the regulations while the litigation is ongoing.  The court gives the government three options:  1) to allow Omkar to move their stock to a state which does not have the regulations, 2) to account for Omkar’s stock and seal it, or 3) to account for the stock and require a promise from Omkar not to sell their products during the case proceedings.