Madras High Court: Manufacturers of banned tobacco products can face prosecution under Food Safety and Standards Act.
The Madras High Court recently upheld the Food Safety Officer's authority to investigate banned tobacco products, ruling that items like chewable tobacco with nicotine are considered food under the Food Safety and Standards Act (FSS Act). This decision arose from a case involving Jaiswal Products, a tobacco manufacturer, after banned tobacco was found in a shop in Vellore without a purchase bill. The company argued that tobacco falls under the Cigarettes and Other Tobacco Products Act (COTPA) and should not be treated as food. They also claimed a Delhi High Court stay on the tobacco ban made the seizure unlawful. However, the court ruled that manufacturers must explain how their products are distributed and cannot claim ignorance if their products are found in banned areas.
11/6/20241 min read
The Madras High Court recently affirmed the authority of the Food Safety Officer to investigate the sale of banned tobacco products, ruling that such products, including chewable tobacco with nicotine, qualify as food under Section 3(j) of the Food Safety and Standards Act (FSS Act). The court emphasized that manufacturers have a legal obligation to explain how their products are distributed, particularly when they enter markets where they are banned. If manufacturers fail to provide such details, a statutory presumption arises that the products were knowingly sold or distributed in violation of the law.
The case involved Jaiswal Products, a tobacco manufacturer, which contested the proceedings initiated by the Food Safety Officer following the discovery of banned Hans Chhap Tobacco in a shop in Vellore. The shop owner had no purchase bill for the product, which was later found to contain nicotine, an unsafe food ingredient. The Food Safety Officer filed a complaint, and the Judicial Magistrate took the case for prosecution.
Jaiswal Products argued that tobacco, being regulated under the Cigarettes and Other Tobacco Products Act (COTPA), should not fall under the FSS Act, as it is not considered food unless mixed with other food products. They also contended that a Delhi High Court stay on the tobacco ban rendered the seizure unlawful, as the ban was not in effect at the time of the product's seizure. Furthermore, the manufacturer argued that there was no evidence to prove that they were directly responsible for the illegal sale of the product in Tamil Nadu.
However, the state’s Additional Advocate General countered that, as the manufacturer, Jaiswal Products was required to explain how their banned products ended up in Tamil Nadu, suggesting that the widespread availability of these products implied their involvement in the illegal distribution. The court sided with the state, ruling that manufacturers cannot claim ignorance of the distribution process and must prove they were not complicit in the illegal sale of their products.