Tobacco trader moves HC against action on product

A city-based trader of the tobacco product, 'Hans Chaap,' today moved the Madras High Court for restraining government authorities from taking penal action against the item.
The petition by V N Arumugam and company, which came up before Justice M Govindaraj, sought a direction for restraining the Commissioner of Food Safety and Drug Administration from taking penal action against the product, claiming that it was made of tobacco only.
When the matter came up, Special Government Pleader sought time to file a counter in this connection.
The judge then posted the matter for hearing to June 23.
Referring to a notification issued by the Commissioner of Food Safety and Drug Administration, which was extended up to 2018, banning the manufacture, storage, transport, distribution or sale of gutkha and pan masala, the petitioner said their product is made of tobacco only and no eatables have been included.

Thus the notification is not applicable to the product, the petitioner said.

He argued that their product is nothing but a tobacco product falling under item 6 in the schedule to the Cigarettes and other Tobacco Products (Prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) (CTP) Act, 2003.
The petitioner said theirs is a tobacco product, for which CTP Act will apply and not the FSSA (Food Safety and Standards) Act.
He also said the ban imposed by the Commissioner of Food Safety and Drug Administration on manufacture, storage, distribution or sale of gutka, pan masala, chewing tobacco and any other food product containing tobacco or nicotine is not applicable to tobacco products.