Madras High Court urges Centre to ban filter tobacco products

The Madras High Court recently urged Union government to consider the grave impact of filter tobacco products such as cool lip on students and to issue orders under the Food Safety Act to ban sale of such products.

Justice D Bharatha Chakravarthy also directed the Tamil Nadu government to establish “Child Tobacco Cessation Centres” in all districts across the State to ensure that minors addicted to using banned tobacco products are counselled and treated.

The Court issued these directions after noting a sudden spurt in children using such products with at least ten bail cases related to such products coming up before the Court daily.

“Extreme emergency looms. There is a sudden spurt of children using Tobacco product more specifically a product named Cool Lip. Huge quantity of tobacco products is seized in State of Tamil Nadu especially in and around the schools. Decision has to be made by this Court in at least 10 cases per day relating to grant of bail in these types of matters,” the High Court noted.

The Court was hearing a bail application filed by one Aunestraja who was arrested and remanded to judicial custody in August this year after he was found in possession of 27 packets of Cool Lip tobacco products. The State claimed that he had purchased the Cool Lip products from other States and smuggled them into Tamil Nadu.

The High Court had granted him interim bail in September this year.

On October 30, the Court passed an order making such bail absolute.

While doing so, the Court also expressed concern over the rise in use of tobacco products among school students.

It also took note of the helplessness expressed by State authorities in clamping down on any smuggling of tobacco and filter tobacco products from other States into Tamil Nadu.

Justice Chakravarthy said that while the sale of such products is prohibited in Tamil Nadu and some other States, the Union government can consider taking further steps under Section 86 of the Food Safety Act to ensure that students across the country do not get access to such products.

“As such, the State Governments are bound to comply with the directions and therefore the Central Government shall consider the grave nature of the situation and issue further directions under Section 86 of the Food Safety and Standards Act, 2006. The wide use, immense popularity and appeal to the children and the unique nature of these new dipping/filter tobacco products shall be taken into consideration,” the High Court said while disposing of the petition.

Advocate D Venkatesh appeared for Aunestraja.

Additional Solicitor General ARL Sundaresan assisted by Deputy Solicitor General K Govindarajan appeared for Union government.

Additional Advocate General Veera Kathiravan, Government Pleader P Thilak Kumar and Additional Public Prosecutor RM Anbunithi appeared for the State government.

Advocate MR Sreenivasan appeared for the manufacturer of Cool Lip.

Advocate R Mani Bharathi appeared as the amicus curiae in the matter.

[Read Order]