TOBACCO CONTROL LAWS

M/s Prabhat Zarda Factory India v. The State of Bihar

The government of Bihar issued a one-year ban on the sale, manufacture, or storage of certain flavored tobacco products, such as beetelnut. A number of manufacturers challenged the ban. In this decision, the court ruled that Pan Masala is not subject to the ban and that it may be sold, manufactured, or stored, so long as the companies comply with the Food Safety and Standards Regulations. The court also ruled that Zarda is not subject to the ban because it is a flavored tobacco product and not a food product or food additive. 

M/s Prabhat Zarda Factory India v. State of Bihar, Case No. 19286 of 2014; Rajat Industries v. State of Bihar, Case No. 19232 of 2014; M/s R.K. Enterprises v. Union of India, Case No. 19960 of 2014; M/s Khan Brothers v. Union of India, Case No. 20129 of 2014.

  • India
  • Dec 23, 2014
  • High Court of Judicature at Patna
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Parties

Plaintiff

  • M/s Khan Brothers
  • M/s Prabhat Zarda Factory India Pvt. Ltd.
  • M/s R.K. Enterprises
  • Rajat Industries Pvt. Ltd.

Defendant

  • The State of Bihar & Ors
  • The Union of India & Ors

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

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

Substantive Issues

Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

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.
"As regards Zarda, which is also a substance prohibited by the impugned order, dated 07.11.2014, it needs to be pointed out that we are prima facie of the view that Zarda does not fall within the definition of food or food additives, as defined by Section 3 (j) and (k) respectively of Food Safety and Standards Act, 2006, inasmuch as Zarda is a flavoured tobacco and merely because tobacco is flavoured, it cannot be treated as food and/or food additives. The flavoured tobacco would not, therefore, fall, unless shown otherwise, within the purview of food or food additive."
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