TOBACCO CONTROL LAWS

S.J.J. Exports Company v. Food Safety Commissioner

A company that exports gutkha challenged the seizure of its products by the Indian government. The company argued that the ban on gutkha and pan masala applied only to the manufacture, storage, and sale of the products within the State of Maharasthra and not to the export of such products. The court ruled that the Indian Food Safety and Standards Act prohibits both the manufacture and export of gutkha that contains tobacco.

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S.J.J. Exports Company v. Food Safety Commissioner, W.P. No. 2266 of 2012, High Court of Judicature at Bombay (2013).

  • India
  • Jan 21, 2013
  • High Court of Judicature at Bombay
View Case History

Parties

Plaintiff S.J.J. Exports Company

Defendant

  • Food Safety and Standards Authority of India, New Delhi
  • Food Safety Commissioner
  • Principal Secretary Ministry of Home Affairs
  • Secretary, Government of Maharasthra Food and Drug Administration
  • The Assistant Police Commissioner
  • The Asst. Commissioner (Food)
  • The Director General Foreign Trade
  • The State of Maharashrta
  • The Superintendent (Ex. & Imp.)
  • Union of India, through the Secretary

Legislation Cited

Food Safety and Standards Act, 2003

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.
Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

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

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
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.

Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.

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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