Section 23. Forfeiture of advertisement and advertisement material

HIGH COURT OF ANDHRA PRADESH: AMARAVATI HON’BLE Mr. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON’BLE Mr. JUSTICE D.V.S.S. SOMAYAJULU W.P.Nos.30185, 7336, 8635, 8638, 8717, 10161, 10320, 10500, 11405, 11440, 11480, 11502, 11531, 11543,

HIGH COURT OF ANDHRA PRADESH: AMARAVATI HON’BLE Mr. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON’BLE Mr. JUSTICE D.V.S.S. SOMAYAJULU W.P.Nos.30185, 7336, 8635, 8638, 8717, 10161, 10320, 10500, 11405, 11440, 11480, 11502, 11531, 11543,

The High Court held that Gutka and Pan Masala containing tobacco are not 'food' under the Food Safety and Standard Act, 2006. The court quashed notifications banning these products, declaring them ultra vires as the subject matter falls under the special provisions of the Cigarettes and Other Tobacco Products Act,…

This common order dismissed multiple writ petitions challenging a state notification banning Gutka and Pan Masala with Tobacco as "food." The court held that the COTPA 2003 is a special Act overriding the general FSSA 2006, and the State Food Authority lacks jurisdiction to ban such products.

The High Court held that the State Food Safety Authority lacks jurisdiction to ban Gutka and Pan Masala containing tobacco under the FSSA, 2006. Relying on Godawat Pan Masala Products, the Court ruled tobacco is regulated by COTPA, 2003, a special Act, rendering the notification ultra vires the FSSA, 2006.

Two-judge bench quashed State notifications banning Gutka and Pan Masala containing tobacco issued under the FSSA, 2006, holding tobacco products are excluded from 'food' and regulation lies under the special COTPA, 2003.