'Pan masala will not be sold in Maharashtra', Bombay HC gave a big blow to Rajnigandha

Bombay High Court has given a big blow to Rajnigandha Pan Masala Ban and has refused to lift the ban on Pan Masala. The Food and Drug Administration (FDA) in Maharashtra has banned the manufacture, storage, distribution, transportation and sale of pan masala.

The High Court has refused to stay this order of FDA.
While hearing the petition on Thursday, the Bombay High Court clearly said that the state has got the prerogative to protect public health. A division bench of Justices GS Kulkarni and Firdosh Pooniwala noted that every state has the responsibility to give priority to the well-being of its citizens.

Challenge to FDA order

During the hearing, the bench said, “Every state has the responsibility to take care of the health of its citizens, if Uttar Pradesh has not banned it, it does not mean that Maharashtra will allow it.”
This petition was filed in the High Court by Dharampal Satyapal Limited, the manufacturer of Rajnigandha Pan Masala. The petition challenged the FDA's July 2023 order banning the sale and transportation of pan masala and gutka products in Maharashtra.

There is no nicotine in Pan Masala – Tuberose

The petitioner had argued that pan masala is considered a food item under the Food Safety and Standards Regulations, 2011 and does not contain tobacco or nicotine. Apart from this, it was also argued in the petition that FDA has been repeatedly issuing ban orders since 2012, which is unconstitutional and arbitrary. At present, there have not been many scientific studies done to prove the harmful effects of betel nut. In such a situation, it is wrong for FDA to impose ban for more than a year.

Next hearing on April 1

Rajnigandha does not have a license to do its business in Maharashtra. Actually, Maharashtra government does not issue license to make pan masala in the state. The Bombay High Court adjourned further proceedings till April