Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sale of certain products) Regulations 2011, as amended intervalley, stipulates that Tobacco and Nicotine shall not be used as ingredients in any food products. Accordingly, the Department of Health & Family Welfare has notified on prohibition of food products containing Tobacco and Nicotine as ingredients, including Gutkha and Pan Masala with tobacco/nicotine.
And, any article of food as defined in section 3(1) (j) of Food Safety and Standards Act 2006;
And “Ingredient” means any substance, including a food additive used in the manufacture or preparation of food and present in the final product, possibly in a modified form as per section 3(1) (y) of Food Safety and Standards Act 2006, Rule 1.2.1 of the Food Safety and Standards (Prohibition and Restrictions on sales) Regulations, 2011;
And the wide usage of smokeless tobacco or nicotine along with food items like Pan Masala, Gutkha and any other processed/scented/flavoured condiments endangers public health and is especially fatal to the health of children and young adults.
The Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation, 2011 dated 1st August, 2011 (and clause 2.3.4 thereof) notified by the Food Safety and Standards Authority of India in exercise of the powers conferred by clause (i) of sub section (2) of section 92 read with section 26 of Food Safety and Standards Act, 2006 (Central Act 34 of 2006) prohibits the use of tobacco and nicotine as ingredients in any food item.
The Supreme Court of India order dated 23.09.2016 in the matter of Transfer Case Civil No.1/2010-Central Areca-nut Marketing Copn. & ORS) observed that to circumvent the ban of sale of Gutkha, the manufacturers are selling Pan Masala (without tobacco) with flavoured chewing tobacco in separate sachets but often conjoint and sold together by the same vendors from the same premises, so that consumers can buy the Pan Masala and flavoured chewing tobacco and mix them both and consume the same. Hence, instead of the earlier “ready to mix” chewing tobacco, companies are selling Gutkha in twin packs to be mixed as one.
The FSSAI issued a letter dated 27th March’2026, vide file NO.RCD-02001/23/2026-
While several products with various names containing tobacco and nicotine are widely available in the market and consumption of such products is hazardous to the Health of the Public.
Therefore, in compliance with the aforesaid directions of the Supreme Court of India, and in order to give full effect to the prohibition contained in Regulations 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, and in exercise of the powers conferred under clause (d) of sub-section (2) of section 30 of the Food Safety and Standards Act, 2006 (Central Act 34 of 2006), in the interest of Public Health, the Commissioner of Food Safety Nagaland, prohibits for 1 (One) year in the entire State of Nagaland;
The manufacture, processing, packaging, storage, transportation, distribution or sale of all food products containing tobacco or nicotine as ingredients.
The prohibition extends to all food products whether chewable or otherwise which is either flavoured or scented or mixed with any toxic additives.
The prohibition extends to all food products whether going by the name or form of gutkha, pan masala flavoured or scented food products or chewable food products where tobacco or nicotine is added as an ingredient.
The prohibition extends to all food products whether packaged or unpackaged and/or sold as one product, or though packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by the consumer and any other products containing tobacco and/or nicotine as ingredients, by whatsoever name it is available in the State of Nagaland.
(DIPR)