A division bench headed by Chief Justice Vikramajit Sen ordered the issue of notices to the government of Karnataka, state Food and Safety Commissioner, Anti-Tobacco Cell, Union Ministry of Health and Family Welfare and the Food Safety and Standards Authority of India.
The PIL filed by Cancer Patients Aid Association referred to the regulations passed by the central government, namely the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 (notified on August 1, 2011) which prohibits the addition of nicotine and tobacco in food products.
The petitioner stated that in 2004 the Supreme Court had clearly identified gutka and paan masala to be categorised as food products (in Godawat Pan Masala Products vs Union of India, AIR 2004 SC 4057).
States such as Madhya Pradesh, Kerala, Bihar and Himachal Pradesh have already enforced the ban on gutka and paan masala and in a few other states like Maharashtra, the ban has been approved by the government and a notification was pending, the PIL said.
Advocate Jayna Kothari from the Centre for Law and Policy Research, Bangalore, is representing the petitioner.
The court adjourned the matter to August 6.