HC directs Haryana not to enforce ban on tobacco sale

CHANDIGARH: In an interim relief to the tobacco manufacturing companies, the Punjab and Haryana high court on Wednesday ordered the Haryana government not to use coercive methods to implement its decision to ban sale of tobacco products in the state. Justice Paramjeet Singh of the HC passed these orders after examining the complete record of the state government on the basis of which Haryana had taken the decision.

With these orders, there would be no ban on sale and purchase of tobacco products in Haryana till November 28 when the case would come up for hearing again. The matter had reached the HC in the wake of a bunch of petitions filed by companies Dharampal Satyapal Limited (DS group) and Trimurti Fragrances Private Limited (producers of Zafrani Zarda), and Smokeless Tobacco Association - a registered body of chewing tobacco manufacturers, traders, dealers, suppliers of tobacco and related products.

The petitioners had challenged the September 3 orders through which the Haryana commissioner of food safety had imposed complete ban on manufacture and sale of chewable tobacco in the state. The counsel for the petitioners Mohan Jain had submitted that the Haryana government order was without jurisdiction as per the Food Safety and Standards Act, 2006, and was in conflict with the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, which deals with the provisions of manufacture and sale of all types of tobacco.

Jain had submitted that while passing the order, the Haryana government had failed to take cognizance of the fact that tobacco in any food was prohibited by the above regulation, which made it very clear that tobacco was not a food product.

It was also argued that the petitioners couldn't be punished arbitrarily and be made to close their business of selling and manufacturing chewable tobacco on the basis of presumption that it caused damage to health of consumers without getting any corroborative evidence from any study being carried out by Haryana.

On September 3, the state food and drugs administration department had issued notification, under which, sale and purchase of tobacco products was prohibited for one year in the interest of public health. The ban also includes mix of other ingredients such as heavy metals, anti-caking agents except to the extent of specifically permitted as ingredients, silver leaf, binders, flavours, scents, fragrances, prohibited chemicals or any one of these ingredients.