Supreme Court stays Madras High Court judgment which had quashed ban on gutka, tobacco products in Tamil Nadu

The Supreme Court on Tuesday stayed a Madras High Court judgment that had quashed the government ban on the sale of tobacco products like gutka and pan masala in Tamil Nadu [State of Tamil Nadu vs Jayavilas Tobacco Traders LLP and anr]..A bench of Justices KM Joseph and BV Nagarathna stayed the High Court judgment after hearing the counsel representing all parties."We are of the view that the petitioner has made out a case for the grant of interim relief. There will be a stay of the impugned judgment dated 20.01.2023 insofar as it is contained in paragraph 13 of the impugned judgment. We, however, would make it clear that in case the respondents have a case that their acts or operations are not covered by the notification issued under Section 30(2)a of the Food Safety and Standards Act, 2006, they may seek redress in the appropriate forum," the Court said. .The top court was hearing appeals filed by the State against a January 2023 Madras High Court judgment that ruled that the none of the Central or State laws on sale and consumption of tobacco and food safety provide for any permanent ban on tobacco and tobacco products.Therefore, government authorities cannot impose such ban on sale of tobacco products indefinitely, the High Court bench of Justices R Subramanian and K Kumaresh Babu had held.Accordingly, it had quashed a 2018 notification banning the sale of gutka, pan masala, and other tobacco products in Tamil Nadu.The said notification was issued by the Commissioner of Food Safety and Drugs Administration Department, Tamil Nadu under the Food Safety and Standards Act (FSS Act) of 2006 imposing a ban on the manufacture, storage, transport, distribution, or sale of chewable food products, guthka, pan masala, and any other products containing tobacco or nicotine as ingredients for a period of one year.The High Court had reasoned that the Commissioner had no power under the Act to impose such complete prohibition.The Supreme Court had issued notice in the matter on March 3..Senior Advcocate Kapil Sibal, appearing for the State government, told the Supreme Court on Tuesday that the prohibition imposed by the State was on a food article that causes cancer. "It is a public health concern and my duty is to protect people of the State," he said.Senior Advocate Abhishek Manu Singhvi, appearing for one of the respondents, argued that the power for such an absolute ban lay with Parliament alone, and not State legislature."Chewing tobacco is admittedly not food. It is a paradox, but it is not ingested but taken for flavour in mouth and then spit out. As to the act of mixing with pan masala which may or may not produce gutka, there is no allegation that we are mixing. I am a manufacturer and supplier. You cannot punish those who produce, by trying to regulate mixing. Lordships cannot allow circumvention and mockery.".[Follow our live-coverage of today's hearing].Senior Advocate Vivek Kohli also represented the respondents.[Read order]