Karnataka Warns Pan Masala, Gutkha Makers of Ban Over Harmful Additives

Karnataka Deputy Chief Minister D K Shivakumar warned the manufacturers of pan masala and gutkha that the state government may consider banning their products if they are found to contain intoxicating or harmful substances.

Speaking at the 31st Foundation Day of Rajiv Gandhi University of Health Sciences and a Drug-Free India Conclave here, Shivakumar claimed some manufacturers were adding substances to pan masala, areca nut and tobacco products to create a “drug-like kick” for consumers.

He said the government would take strict action including banning the sale of such products across Karnataka if the inspections found such substances present.

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Regulatory Framework:

The legal basis for such action is primarily based on the Food Safety and Standards Authority of India (FSSAI) regulations notified in 2011 that prohibit the use of tobacco and nicotine as ingredients in food products. Some states have used the provision to impose restrictions on gutkha and tobacco-laced pan masala through periodic notifications.

Restrictions on advertising, sale and packaging of tobacco products are imposed by the Cigarettes and Other Tobacco Products Act (COTPA) including restrictions on sale within a certain distance of educational institutions and to minors.

Karnataka’s warning follows similar moves by states such as Odisha, Gujarat and Tamil Nadu that have imposed or extended restrictions on gutkha and pan masala products containing tobacco or nicotine under food safety laws.

It may also have implications for advertising and brand promotion. Pan masala companies have increasingly resorted to brand extensions like elaichi, mouth fresheners and non-tobacco variants to remain in the radar with the ban on direct tobacco advertising. But regulators often look closely at such campaigns to determine whether they are a form of surrogate advertising.

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Ad Scrutiny:

The Central Consumer Protection Authority (CCPA) has the authority to act against misleading advertisements and the Advertising Standards Council of India (ASCI) has the responsibility to check whether brand extensions are genuine stand-alone products or an indirect promotion of restricted categories.

The issue had come into focus in Karnataka earlier this year when advertisements associated with gutkha and chewing tobacco brands on public transport spaces drew regulatory notice on account of potential surrogate advertising.

The state government’s stand is also in line with the Centre’s larger approach of treating pan masala, gutkha and the like as demerit goods that attract stricter public health regulation and higher taxation.