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

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

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"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."