Manufacturer Of Banned Tobacco Product Which Is 'Food' Can Be Prosecuted Under Food Safety And Standards Act: Madras High Court

The Madras High Court upheld the prosecution of a manufacturer of banned tobacco products under the Food Safety and Standards Act. The court ruled that tobacco, with or without additives, is considered a food product under Section 3(j) of the Act, and the manufacturer is liable to explain how the banned product was cleared from the manufacturing unit. The court emphasized that the burden of proof lies with the manufacturer to disclose details of the product’s manufacture and distribution. The court dismissed the manufacturer’s claim that they had no knowledge of how the product entered the banned area and noted that the presence of the product in the state indicated the manufacturer’s involvement. The court’s decision reinforces the accountability of manufacturers in ensuring compliance with food safety regulations.