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India

S.J.J. Exports Company v. Food Safety Commissioner

The court dismissed an appeal of a decision ruling that the Indian Food Safety and Standards Act prohibits both the manufacture and export of gutka that contains tobacco.

S.J.J. Exports Company v. Food Safety Commissioner, No. 8432/2013 appealing W.P. No. 2266/2012, Supreme Court of India (2013).

India
Mar 1, 2013
Supreme Court of India

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Parties

Plaintiff S.J.J. Exports Company

Defendant Food Safety Commissioner

Legislation Cited

Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011

Food Safety and Standards Act, 2003

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.

Government Enforcement Action

Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

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.

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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