A company that manufactures gutkha sued the government of India objecting to letters sent by the Ministry of Health and Family Welfare to various state governments requesting that they consider banning smokeless/chewing tobacco in the form of gutkha, pan masala, zarda and other chewable products with nicotine. The court dismissed the claim as premature because it does not challenge any bans on gutkha and pan masala, merely the informational letters sent by the government.
Rajat Industries v. Union of India, Case No. 6024 of 2013, High Court of Judicature at Patna (2013).
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.
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
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.
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"In my view, no cause of action arises in favour of the petitioner on mere issuance of such informatory and request letters by the Special Secretary, Ministry of Health and Family Welfare. As a matter of fact, the Government of Bihar has already, by a letter dated 30.5.2012, banned the manufacture, storage, sale or the distribution of Gutkha and Pan Masala containing tobacco or nicotine as ingredients by whatever name it is available in the market for one year from the date of issue of the order in the State of Bihar in the interest of public health. The said order is not under challenge in the present writ petition. It is informed by learned counsel for the petitioner that the matter with respect to the said order is pending before a Division Bench
of this Court."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A company that manufactures gutkha sued the government of India objecting to letters sent by the Ministry of Health and Family Welfare to various state governments requesting that they consider banning smokeless/chewing tobacco in the form of gutkha, pan masala, zarda and other chewable products with nicotine. The court dismissed the claim as premature because it does not challenge any bans on gutkha and pan masala, merely the informational letters sent by the government.