CUTTACK: The Orissa High Court has upheld the state government’s January 21 notification prohibiting manufacture, processing, packaging, storage, transportation, distribution and sale of products containing tobacco or nicotine, including chewing tobacco, holding that the measure is aimed at protecting public health.
Justice SK Panigrahi, while dismissing a batch of petitions filed by private companies manufacturing and selling chewing tobacco, said the notification had a direct nexus with the statutory objective of preventing the use of tobacco and nicotine as ingredients in food products.
The petitions challenged the notification to the extent that it brought chewing tobacco, with or without additives, flavours and scents, within its ambit.
The Health and Family Welfare department had issued the notification on January 21, invoking Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011. The regulation prohibits the use of tobacco and nicotine as ingredients in any food product.
The department subsequently clarified on January 29 that pan masala not containing tobacco or nicotine would not be covered by the prohibition. The companies argued that regulation of chewing tobacco, rather than an outright prohibition, would be a less restrictive alternative.
The court rejected the contention, observing that once Regulation 2.3.4 was held applicable, the Regulation itself provides that tobacco and nicotine shall not be used as ingredients in food products.
It noted that the objective of the notification was protection of public health from tobacco and nicotine used in products intended for human consumption. It also referred to material regarding the harmful effects and prevalence of smokeless tobacco.
“This Court is of the considered view that Notification dated 21.01.2026 does not warrant interference in exercise of jurisdiction under Article 226 of the Constitution of India,” Justice Panigrahi said.
The court clarified that the notification would operate only as a measure implementing Regulation 2.3.4 read with the relevant provisions of the Food Safety and Standards Act, and shall not be construed as an independent prohibition upon tobacco or tobacco products outside the statutory requirements.
The notification cannot extend to articles falling outside the FSSA or to products which do not attract Regulation 2.3.4, Justice Panigrahi clarified.
