Manufacturers exploit loophole in law to sell same brands separately as ‘paan masala’ and ‘chewing tobacco’, both just have to be mixed
If you thought gutkha could be wished away with a ban, think again. A month into the state government officially banning it, sellers have managed to dodge restrictions by deliberately mutating the addictive substance. Gutkha brands have now donned a new avatar, and re-emerged as a combination of paan masala, and chewable tobacco. Since there is no ban on either paan masala or tobacco, junkies only have to buy both separately and mix them to get their fix. Such 'mixing' happens with complete impunity right in front of the shops selling gutkha across Bangalore. However, none of this should come as a surprise as gutkha manufacturers have already adopted similar tactics in other states.
A total of 24 states have imposed a ban on the sale of gutkha with Karnataka among the last to take prohibitory steps. Among the seven states which banned gutka this year were Karnataka, Andhra Pradesh and Tamil Nadu.
Over a dozen gutkha brands were sold in the state and most of them are now available as paan masala and tobacco in separate packets. The tobacco component costs only Rs 1 across the board, while the cost of paan masala differs according to the brand.
The government notification under the Food Safety and Standards Act (FSS) says the ban is on all gutkha and paan masala brands containing tobacco or nicotine as ingredients. The ban, however, will not apply to paan masala which does not contain tobacco. Using this loophole, the original gutka brands now advertise themselves as paan masala under the tagline '0% Tobacco 0% Nicotine.”
The move to ban gutkha has been in the works for over a decade.
Earlier attempts by some state governments to ban it under the Prevention of Food Adulteration Act had fallen foul of the law as courts held that only the Central Government could impose a ban under the Act. However the FSS Act that came into force in 2006 gave states the power to ban products containing tobacco and nicotine. Most states have imposed the ban in the last two years.
Last month, four gutkha manufacturers filed a petition in the Karnataka high court seeking a stay on the ban. Justice BS Patil, however, upheld the government move calling the ban a wise decision.
If you thought gutkha could be wished away with a ban, think again. A month into the state government officially banning it, sellers have managed to dodge restrictions by deliberately mutating the addictive substance. Gutkha brands have now donned a new avatar, and re-emerged as a combination of paan masala, and chewable tobacco. Since there is no ban on either paan masala or tobacco, junkies only have to buy both separately and mix them to get their fix. Such 'mixing' happens with complete impunity right in front of the shops selling gutkha across Bangalore. However, none of this should come as a surprise as gutkha manufacturers have already adopted similar tactics in other states.
A total of 24 states have imposed a ban on the sale of gutkha with Karnataka among the last to take prohibitory steps. Among the seven states which banned gutka this year were Karnataka, Andhra Pradesh and Tamil Nadu.
Over a dozen gutkha brands were sold in the state and most of them are now available as paan masala and tobacco in separate packets. The tobacco component costs only Rs 1 across the board, while the cost of paan masala differs according to the brand.
The government notification under the Food Safety and Standards Act (FSS) says the ban is on all gutkha and paan masala brands containing tobacco or nicotine as ingredients. The ban, however, will not apply to paan masala which does not contain tobacco. Using this loophole, the original gutka brands now advertise themselves as paan masala under the tagline '0% Tobacco 0% Nicotine.”
The move to ban gutkha has been in the works for over a decade.
Earlier attempts by some state governments to ban it under the Prevention of Food Adulteration Act had fallen foul of the law as courts held that only the Central Government could impose a ban under the Act. However the FSS Act that came into force in 2006 gave states the power to ban products containing tobacco and nicotine. Most states have imposed the ban in the last two years.
Last month, four gutkha manufacturers filed a petition in the Karnataka high court seeking a stay on the ban. Justice BS Patil, however, upheld the government move calling the ban a wise decision.
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