India

This order was one among a series of intermediary orders issued by the Supreme Court of India in a public interest litigation addressing non-compliance with a ban on manufacture and sale of gutka and pan masala with tobacco and/or nicotine under the Food Safety Standards Act, 2006 and Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011. The amicus curiae in this matter observed that 23 States and five Union Territories had prohibited the manufacture and sale of such products.  Notwithstanding the ban, however, the amicus noted that manufacturers were flouting the prohibition by selling separate pouches of pan masala and flavored chewing tobacco together, meaning for the pouches to be mixed as one.  The Supreme Court directed that representatives of the States and Union Territories that had not prohibited the manufacture and sale of such smokeless products indicate why they had not taken action.  The Court also directed that all States and Union Territories representatives file affidavits regarding their total compliance with the ban before the next date of hearing.