Absence of Central Rules Restrains State from Seizing Cigarettes for Lack of Tar and Nicotine Disclosure
In a significant legal development, the Kerala High Court has directed the Central Government to clarify its stance on the permissible levels of nicotine and tar in cigarettes and other tobacco products. This directive comes amidst concerns over public health and the legal constraints faced by the state authorities in enforcing existing tobacco regulations.
The Division Bench, comprising Chief Justice Mr. Soumen Sen and Justice Syam Kumar V.M, examined the case brought forth by petitioner Sangeerthana M against the Union of India and others. The case highlighted the challenges faced by state authorities in regulating the trade of tobacco products due to the absence of specific rules notified by the Central Government under the Cigarettes and Other Tobacco Products Act, 2003.
The Court's order underscored that, in the absence of rules specified by the Central Government under Section 31 of the 2003 Act, the State cannot seize or confiscate cigarettes or tobacco products solely for the non-disclosure of the maximum permissible nicotine and tar contents. This legal gap was brought to light by Ms. B. Vinitha, Senior Government Pleader, who emphasized that without central specifications, state actions could not be legally justified.
In response to these proceedings, the Court has directed the Central Government to file an affidavit confirming whether any notification specifying the maximum permissible nicotine and tar contents has been issued. The absence of such specifications poses potential health risks, prompting the Court to seek the assistance of the Deputy Solicitor General of India in addressing these concerns on the next adjourned date.
The Court has scheduled further hearings on the matter for March 26, 2026, and has instructed the relevant parties to file necessary affidavits before this date. Notices have been issued to Respondents No. 6 to 8 to ensure their presence at the upcoming hearing.
This case underscores the critical need for clear regulatory guidelines to enable effective enforcement of tobacco control measures and highlights the role of the judiciary in addressing public health concerns through legal scrutiny.
Bottom Line:
Cigarettes and Other Tobacco Products Act, 2003 - State cannot seize or confiscate cigarettes or tobacco products for not specifying maximum permissible nicotine and tar contents in absence of rules notified by Central Government under Section 31 of the Act.
Statutory provision(s): Cigarettes and Other Tobacco Products Act, 2003 Sections 7(5), 31
Sangeerthana M v. Union of India, (Kerala)(DB) : Law Finder Doc id # 2872716
