Court decision something to chew on

The High Court of the Indian state of Kerala has struck down a ban on the sale of chewing tobacco that had been based on provisions of a food safety and standards act, according to a story in the Hindu Online.

The high court’s decision was issued on December 20 on a writ petition filed by tobacco products traders.

Justice A.M. Shaffique said that the state and commissioner of food safety had no right to take any action against tobacco or tobacco products because “chew tobacco” was not a food product as defined under the Food Safety and Standards (FSS) Act, 2006.

The court found that tobacco and tobacco products were to be manufactured and sold strictly in accordance with the provisions of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act 2003.