NGT issues notices on alleged plastic waste violations by tobacco brands

The National Green Tribunal (NGT) issued notice on a plea from The Citizens Foundation, which alleges widespread non-compliance with the Plastic Waste Management Rules, 2016, by manufacturers of gutkha, pan masala, and tobacco products.

The petition claims that banned plastic packaging materials are still being used and calls for strict enforcement of existing regulations. This includes the closure of units violating the rules and the recovery of environmental compensation.

A judicial bench led by Justice Prakash Shrivastava and Expert Member Dr. A. Senthil Vel has issued notices to relevant authorities, including the Central Pollution Control Board (CPCB) and the Delhi Pollution Control Committee (DPCC), seeking their responses.

Counsel for the petitioner pointed out that, despite the CPCB's earlier directives, issued on October 22, 2021, under the Environment (Protection) Act, 1986, to 25 manufacturers to halt operations unless they adopted eco-friendly packaging, these directives remain unimplemented.

The CPCB had instructed the defaulting companies to submit a timeline for switching to sustainable materials and to pay Environmental Compensation (EC) with interest for any delays.

The plea highlights violations of Rules 4(f) and 4(i) of the 2016 Rules, which prohibit the use of plastic sachets and specific polymers in packaging gutkha and related products. CPCB's previous reports suggested that such non-compliance could result in stern penalties, including seizure of goods, shutting down of factories, and levies of Rs 5,000 per ton of plastic used. Repeat offences could attract additional fines of up to Rs 20,000 per ton.

The applicant also cited a CPCB report from January 2021, which outlines enforcement under the Extended Producer Responsibility (EPR) regime. According to this, delayed EC payments could be penalised with annual interest ranging from 12 per cent to 24 per cent. Delays exceeding three months could lead to factory closures and criminal prosecution under Section 15(1) of the Environment Protection Act.

Recognising the gravity of the environmental concerns raised, the NGT has scheduled the next hearing for September 26, 2025. The applicant must serve notices on the remaining respondents and file an affidavit of service one week prior to the scheduled date, as stated by the Tribunal.