Delhi HC upholds FSSAI regulation to enghance warning size on pan masala packs

The Delhi High Court upheld the FSSAI regulation enhancing the statutory warning size on pan masala packages from 3mm to 50% of the front-of-pack label. The decision came after Dharampal Satyapal Limited, manufacturers of Rajnigandha, Tansen, and Mastaba, challenged the regulation, claiming it was beyond the authority granted by the Food Safety and Standards Act, 2006.

The court, led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, dismissed the plea, stating that the regulation met the test of proportionality and did not disproportionately impact the petitioners' rights.

The court highlighted that while global guidelines recommend banning pan masala, the FSSAI's step to increase warning size is a reasonable and limited measure. The petitioners' resistance, despite acknowledging the health hazards of pan masala, was seen as prioritizing personal interests over public health. The bench emphasized that the regulation aligns with legislative intent to protect public health, which outweighs any individual losses to manufacturers.

Furthermore, the court noted that FSSAI provided ample time, from May 2023 to April 2024, for compliance with the new regulation. Since no interim stay was granted, the petitioners had no justification for non-compliance once the regulation took effect on May 1, 2024.