Delhi High Court
The Delhi High Court has rejected a plea by Dharmpal Satyapal Limited, a leading pan masala manufacturer, challenging the regulation mandating a 50% space statutory health warning on the front side of pan masala packaging. The court upheld the Food Safety and Standards Authority of India’s (FSSAI) regulation, introduced to increase consumer awareness about the harmful effects of pan masala consumption.
Also Read: Supreme Court Takes Serious Note Of Rising Child Suicides
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora ruled that the regulation serves a larger public health interest and is proportionate to the risk associated with pan masala consumption. The court dismissed the company’s argument that the regulation violates their fundamental rights, including equality, freedom of expression, and freedom to practice their trade.
Moreover company, which produces popular pan masala brands like Rajnigandha, Tansen, and Mastaba, had sought to declare the regulation unconstitutional and contrary to the Food Safety and Standards Act, 2006. They argue that the regulation was introduce without following the statutory process and lacked scientific justification.
However, the court found that the FSSAI’s intention was to make health warnings more visible to consumers, and increasing the size of the warnings from 3 mm to 50% of the front label was a reasonable measure to achieve this goal. The court concluded that the regulation passes the test of proportionality and does not disproportionately affect the company’s rights.
