TOBACCO CONTROL LAWS

M/s. Dhariwal Industries Ltd. v. State of Marharashtra

The court rejected the gutkha industry's prayer for an interim stay of the State of Maharashtra's gutkha and pan masala ban.  Among other things, the court noted that the dangerous effects of smokeless tobacco products on public health justify the ban and found that the this was not a fit case to issue interim relief.  

(Heard along with Ghodawat Foods Pvt. Ltd, v. State of Maharashtra, W.P. No. 1632 of 2012; Rajnandini Foods Pvt. Ltd. v. State of Maharashtra, W.P. No. 1633 of 2012; SDD Agencies Pvt. Ltd. v. State of Maharashtra, W.P. No. 1634 of 2012; M/s. Hira Enterprises v. State of Maharashtra, W.P. No. 1635 of 2012; Rajat Industries Pvt. Ltd. v. State of Maharashtra, W.P. No. 7592 of 2012; and M/s. MSS Food Processors v. State of Maharashtra, W.P. No. 8800 of 2012)

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M/s. Dhariwal Industries Ltd. v. State of Marharashtra, W.P. 1631 of 2012, High Court of Judicature, Bombay (2012).

  • India
  • Sep 19, 2012
  • High Court of Judicature, Bombay

Parties

Plaintiff M/s. Dhariwal Industries Ltd.

Defendant State of Marharashtra

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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