TOBACCO CONTROL LAWS

Doctors For You v. State of Delhi

Doctors for You, a humanitarian organization, sued the State of Delhi urging the government to implement a ban on gutkha, pan masala, and other forms of chewing tobacco. The court ruled that because that the Delhi government is considering the matter, it would dispose of the petition for now with an opportunity for refiling if no action is taken by the government.

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Doctors for You v. State of Delhi, W.P.(C) 5103/2012, High Court of Delhi at New Delhi (2012).

  • India
  • Aug 22, 2012
  • High Court of Delhi at New Delhi

Parties

Plaintiff Doctors For You

Defendant State of Delhi

Legislation Cited

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

Related Documents

None

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

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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