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Issues: Whether chewing tobacco or tobacco products are "food" within the meaning of Section 3(j) of the Food Safety and Standards Act, 2006, and whether the prohibition under Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 extends to such products.
Analysis: The definition of "food" under Section 3(j) of the Food Safety and Standards Act, 2006 is inclusive, but it applies to substances intended for human consumption in the sense of being eaten as food for taste or nourishment. Tobacco, even when processed for chewing and mixed with additives, is not ordinarily consumed as a food article. The regulatory prohibition under Regulation 2.3.4 applies to food products in which tobacco and nicotine are used as ingredients, which necessarily presupposes that the article itself is a food product. The Court held that chewing tobacco and tobacco products fall within the regime of the Cigarettes and Other Tobacco Products Act, 2003 and are to be dealt with under that enactment and the rules made thereunder, not under the Food Safety and Standards Act, 2006.
Conclusion: Chewing tobacco is not "food" under Section 3(j) of the Food Safety and Standards Act, 2006, and the ban under Regulation 2.3.4 does not apply to tobacco or tobacco products. The petitioners were entitled to relief.
Ratio Decidendi: A product containing tobacco does not become "food" merely because it is processed for chewing; the food-safety prohibition on tobacco ingredients operates only against articles that are themselves food products.
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