Nagaland bans gutkha, pan masala with tobacco for one year under Food Safety Act. Here’s why

Nagaland has imposed a one-year ban on all food products containing tobacco or nicotine, including gutkha and pan masala. The order, issued by the Commissioner of Food Safety, is based on central food safety laws, Supreme Court directions, and repeated concerns over public health risks.

What exactly has been banned?

The ban covers the manufacture, storage, transport, distribution and sale of all food items containing tobacco or nicotine as ingredients.

This includes: Gutkha, Pan masala, Flavoured or scented chewable products and any food product sold separately but intended for mixing (twin sachets).

Even products sold under different names but containing tobacco or nicotine are included.

Why are these products treated as illegal in food items?

Under Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sale of Certain Products) Regulations, 2011, tobacco and nicotine cannot be used as ingredients in any food product.

The Food Safety and Standards Act, 2006 defines:

• Food (Section 3(1)(j))
• Ingredient (Section 3(1)(y)) — any substance used in preparation of food and present in the final product

Since gutkha and similar products are classified as food items under this legal framework, adding tobacco or nicotine makes them illegal.

What role did the Supreme Court play?

The order refers to a 2016 observation of the Supreme Court of India gutkha and pan masala case (2016), which flagged a loophole used by manufacturers.

The Court noted that companies were:

• Selling pan masala and chewing tobacco separately
• Marketing them together from the same outlets
• Allowing consumers to mix them before consumption

This was seen as a way to circumvent existing bans on gutkha, by splitting the product into two parts.

What has the FSSAI said?

The Food Safety and Standards Authority of India has repeatedly directed states to enforce Regulation 2.3.4 strictly.

A 2026 directive also asked all States and UTs to ensure full compliance with Supreme Court directions and remove tobacco/nicotine-laced food products from the market.

Why is the government acting now?

The notification states that:

• Such products remain widely available despite bans
• Smokeless tobacco use is a major public health concern
• Children and young adults are especially vulnerable

Officials say enforcement is necessary to close loopholes and ensure compliance.

What does the new order change?

The Commissioner of Food Safety, Nagaland has now formally prohibited these products for one year across the state.

The ban is broad enough to cover:

• Packaged and unpackaged goods
• Direct and indirect mixing methods
• Twin-pack or split-product marketing
• Any variant containing tobacco or nicotine under any name

MT