'FOOD SAFETY COMMISSIONER CAN'T IMPOSE PERMANENT BAN': MADRAS HIGH COURT SETS ASIDE BAN ON SALE OF GUTKA, PAN MASALA, OTHER TOBACCO PRODUCTS A notification was issued by the State Commissioner of Food Safety imposing a ban on sale of Gutka, Pan Masala, flavoured or scented food products or chewable food products that contain tobacco or nicotine. The Madras High Court set aside this notification by saying that the commissioner had exceeded his powers while issuing such notification. It was held that notifications can be only temporary measures and allowing the Commissioner to impose a permanent ban would lead to conferring a power not conferred by the statute. The Court noted that both the Food Safety and Standards Act and the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 or COTPA do not provide for a complete ban on Tobacco products. COTPA is to ban the advertisements of tobacco products and regulate its usage, and the Food Safety and Standards Act is to ensure food safety and standards. With a team of Commercial Law experts, Reddy & Reddy Law Firm has extensive experience and involvement in commercial disputes, including Insolvency Proceedings. We are regularly involved in representations before NCLT, NCLAT, DRT and other commercial tribunals in India.