Ban[edit source | editbeta]

India[edit source | editbeta]

Tobacco banned states and UTs of India as on May 2013

Many states of India have banned the sale, manufacture, distribution and storage of gutka and all its variants. As of [9] May 2013, gutka is banned in 24 states and 3 union territories. Gutka is banned under the provision to ban any food product containing harmful adulterants in the centrally enacted Food Safety and Regulation (Prohibition) Act 2011. The Act allows these products to be banned for a year and it can be extended every year before it lapses, resulting in a pseudo permanent ban. The ban is enforced by the state public health ministry, the state Food and Drug [10] Administration and the local police. Enforcement of the law is generally lax and many shops still sell gutka, [11][12][13][14][15] although it may not be displayed. Enforcemnent is stricter in some regions like Mumbai and Delhi, but [16] illegal sale of gutka still occurs. Offenders can be fined 200 (US$3.40) according to the Control of Tobacco Products Act (COTPA). The Food Safety and Standards Authority of India (FSSAI), under which the ban has been regulated, said offenders can face [17] six months to three years in jail. The law has provisions of imposing fines up to 25000 on selling of products that [18] are injurious to health.

State

Date of Ban

Remarks

Andaman and Nicobar

1 November 2012

[19]

Andhra Pradesh

9 January 2013

[20]

Arunachal Pradesh

[21]

Assam

March 2013

[22][23]

Bihar

30 May [24] 2012

The law was upheld by the Patna High Court.

[25]

Chandigarh

[26]

Chhattisgarh

24 July 2012

[27]

Delhi

11 September 2012

On 12 October 2012, the Delhi High Court refused to lift ban in response to a plea [28][29][30][31] by a city-based gutka manufacturer.

Goa

2 October 2005

[32]

Gujarat

11 September [33][34] 2012

100% export-oriented units are exempt from the ban.

[35]

Himachal Pradesh

13 July 2012

[36]

Haryana

15 August 2012

[37]

Jharkhand

24 July 2012

[38][39]

Kerala

25 May [40] 2012

On 2 August 2012, Kerala High Court declined to stay the ban.

[41]

Karnataka

31 May 2013

[42]

Madhya Pradesh

1 April 2012

[43]

The law was upheld by the Madhya Pradesh High Court.

[44]

Maharashtra

20 July [45] 2012

Previous bans on gutka on 1 August 2002 and again in 2008 were overturned by the [46][47] Supreme Court on the grounds of unfair trade practice. The most recent ban [48] was upheld by the Bombay High Court on 15 September 2012.

Manipur

[21]

Mizoram

2012

[49][50][51][52]

Nagaland

[26]

Odisha

1 January 2013

[53][54][55]

Punjab

26 August 2012

[56]

Rajasthan

18 July 2012

[57][58]

Sikkim

17 September 2012

[59]

Tamil Nadu

8 May 2013

[60]

Uttar Pradesh

1 April 2013

[61]

Uttarakhand

1 January 2013

[62]

West Bengal

1 May 2013

[63][64]

Research firm Edelweiss estimates the gutka ban will cause the industry

15-20 billion in losses.

[65]

Advertising[edit

source | editbeta]

Unlike alcohol and tobacco products, there is no ban on advertisement of gutka. Often tobacco companies advertise paan masala as gutka in order to skirt the ban on advertising tobacco products. Surrogate advertisements use [66] images of a gutka packet instead of a pan masala. According to the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011 of the Food [67] Safety and Standards Authority of India, misleading advertisement of such products invites a fine of 1,000000.

Pakistan[edit source | editbeta]

Gutka is banned in some regions of Pakistan.
[68]