Interestingly, while the new regulations have come under fire from different sections of the food & beverage industry in recent times, the anti-tobacco lobby in the country is happy with them as, in the past, they have enabled at least 11 states to ban successfully gutkha and pan masala by simplifying the procedure.
"Though I don't have a clear idea of the shortcomings of this law, as far as banning tobacco and nicotine products like gutkha in the country is concerned, it has proved to be a boon," states Seema Gupta, regional director, New Delhi-based Voluntary Health Association of India (VHAI), while speaking to FnB News.
According to her, the state of Andhra Pradesh, which had a failed attempt at the ban in 2002 under the erstwhile Prevention of Food Adulteration Act, 1954, and other relevant laws, could be the next in line to go ahead with the ban on gutkha and pan masala.
In this regard, recently, a consortium of doctors; non-governmental organisations such as VHAI; World Health Organisation (WHO); Regional Cancer Centre, Andhra Pradesh; oncology departments of various hospitals; and patients of cancer and other tobacco-related ailments; submitted a dossier to the Andhra Pradesh Food Safety Commissioner seeking the ban.
Gupta who spearheaded the move by representing the anti-tobacco voice, explains, "The commissioner has asked for 30 days time to study the dossier and issue ban orders." Meanwhile, in Jammu and Kashmir tests are being carried out on samples of gutkha and pan masala as a step towards the ban. VHAI is also working for a ban in Assam and Odisha where, "the response has been encouraging."
According to Gupta, the new law has simplified the ban procedure by giving the food safety commissioners the powers to enforce it by bringing tobacco under food items and hence it can be done easily. She points out that the FSSR, 2011, 2.3.4 states, "Product not to contain any substance which may be injurious to health: Tobacco and nicotine shall not be used as ingredients in any food products."
She further states, "The preceding Act, had several loopholes and could be challenged in a court of law easily, bringing a stay on the ban. For instance, when a similar ban was imposed in Maharashtra as well as Goa in 2002, it was contested by gutkha companies in respective high courts and they had their way."
She adds, "However, the new law is watertight. By defining tobacco as food item, it has made it impossible for gutkha companies to challenge it. In fact, in few of the states that have imposed the ban, the companies did try to challenge, but the ban was upheld." Hence, whether the ban was for one year as in Maharashtra or forever as in Madhya Pradesh, it could not be challenged and also extended as per needs."
Apart from Maharashtra and Madhya Pradesh, the ban has been imposed in Kerala, Bihar, Rajasthan, Chhattisgarh, Jharkhand, Chandigarh, Haryana, Himachal Pradesh and Goa (under the Goa Health Act).
While some states like Gujarat have only banned gutkha, Maharashtra and others have also banned pan masala. Gupta states, "Ban on pan masala is equally important as it contains heavy metals and has proved carcinogenic in few cases."
Though a section of the media is critical about the ban in Maharashtra not being total, Gupta concludes, "Maharashtra is a very good example of the ban on both the substances. You will not be able to get them anywhere in the state."
