TOBACCO CONTROL LAWS

Ankur Gutkha v. India Asthma Care Society

The Court directed State Governments that have banned the sale and manufacture of gutka and pan masala containing tobacco to file compliance reports and State Governments that have not banned such sales to file affidavits stating why they have not implemented a ban.

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Ankur Gutkha v. India Asthma Care Society, Petition{s) for Special Leave to Appeal {Civil) No{s). 16308/2007, Supreme Court of India (April 3, 2013).

  • India
  • Apr 3, 2013
  • Supreme Court of India
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Parties

Plaintiff Ankur Gutkha

Defendant Union of India

Legislation Cited

Related Documents

None

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.

Tobacco Control Topics

Protection of Environment
Measures involving the environment and health of persons in respect to cultivation and manufacture within their territories. (See FCTC Art. 18)

Substantive Issues

Environmental Law Violation
An infringement of a protection contained within a statutory environmental law, including public or private nuisance.

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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