Cuttack: Orissa high court has refused to interfere with the Odisha govt’s notification banning food products containing tobacco or nicotine, dismissing a batch of petitions filed by some manufacturing companies. Justice S K Panigrahi, in his Aug 21 judgment, uploaded on Aug 28, held that the state’s Jan 21 notification was in line with the Food Safety and Standards Act (FSSA) and the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011.The notification prohibits the manufacture, processing, packaging, storage, transportation, distribution and sale of food products containing tobacco or nicotine as ingredients. It also covers flavoured, scented or additive-mixed chewable products, including those sold as gutkha, pan masala and similar products.The petitioners had challenged the notification insofar as it covered chewing tobacco, with or without additives, flavours or scents. They argued that regulation of such products, instead of prohibition, would be a less restrictive approach.Justice Panigrahi, however, rejected the argument. “This contention cannot be accepted once Regulation 2.3.4 is held applicable,” the judge observed, adding that “the Regulation itself provides that tobacco and nicotine shall not be used as ingredients in food products”.The HC also took note of the public health objective behind the measure, observing that the regulation had a “direct nexus” with protection from tobacco and nicotine used in products meant for human consumption. The notification had also referred to material concerning the harmful effects and prevalence of smokeless tobacco.The HC held that when confined to the statutory framework, the notification did not impose restrictions beyond those contemplated by law. “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,” the judgment said.Justice Panigrahi clarified that the notification would operate as a measure implementing Regulation 2.3.4 along with the relevant FSSA provisions and “shall not be construed as an independent prohibition upon tobacco or tobacco products” outside the statutory framework.
