Abstract

The judiciary plays a pivotal role in addressing food adulteration, particularly regarding the regulation of tobacco products in edible items. A significant case is the Hon’ble Supreme Court's review of the Food Safety Commissioner's ban on the manufacture and sale of gutkha and similar products in Tamil Nadu, imposed under the Food Safety and Standards Act of 2006. The notification aimed to protect public health by prohibiting the mixing of flavored tobacco with other foodstuffs, thereby preventing consumer harm. However, the subsequent ruling in Jaiswal Products vs. State of Tamil Nadu raised questions about the limits of executive power in enforcing such bans. The Division Bench of the Madras High Court expressed concerns regarding the legality of imposing long-term prohibitions on tobacco-infused products based solely on the provisions of the Act, thus quashing the Notification. This dialogue underscores the delicate balance between health protections and legal authority, highlighting the judiciary's essential role in scrutinizing government actions to ensure they remain within the scope of the laws set forth. Ultimately, the decisions reflect an ongoing discourse on regulatory limits and consumer rights in the context of food safety and public health.

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