©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2026
[Price: Rs. 1.60 Paise.
Part VI—Section 1
Notifications of interest to the General Public
issued by Heads of Departments, Etc.
NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.
No. 258]
CHENNAI, SATURDAY, MAY 23, 2026
Vaikasi 9, Parabhava, Thiruvalluvar Aandu–2057
VI-1 Ex. (258)
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THE COMMISSIONER OF FOOD SAFETY AND DRUG ADMINISTRATION, TAMIL NADU STATE
BAN OF MANUFACTURE, STORAGE, DISTRIBUTION, OR SALE OF CHEWABLE FOOD PRODUCTS,
GUTKHA, PAN MASALA, CONTAINING TOBACCO AND NICOTINE AS “INGREDIENTS” IN THE STATE OF
TAMIL NADU FOR A PERIOD OF ONE YEAR FROM 23RD MAY 2026 UNDER THE FOOD SAFETY AND DRUG
ADMINISTRATION ORDER.
(No. 1418/2013/S9/FSD)
No. VI(1)/315(a)/2026.
WHEREAS, REGULATION 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on sales)
Regulations, 2011 made by the Food Safety and standards Authority of India in exercise of the powers conferred by
clause ( i ) of sub-section ( 2 ) of section 92 read with section 26 of Food Safety and Standards Act, 2006 ( Central Act
34 of 2006 ) prohibit as tobacco and nicotine shall not be used as ingredients in any food products, as they are injurious
to health:
AND WHEREAS, any article of food is defined in section 3 (1) (j) of Food Safety and Standards Act 2006;
AND WHEREAS, “ingredient” means any substance, including a food additive used in the manufacture or preparation
of food and present in the final product, possibly in a modified form as per section 3 (1) (y) of Food Safety and Standards
Act 2006, Rule 1.2.1 of the Food Safety and Standards (Prohibition and Restrictions on sales) Regulations, 2011;
AND WHEREAS, “Food” means any substance, whether processed, partially processed or unprocessed, which is
intended for human consumption and includes primarily food to the extent defined in clause (zk), genetically modified
or engineered food or food containing such ingredients, infant foods, packaged drinking water, alcoholic drink, chewing
gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does
not include any animal feed, live animals unless they are prepared or processed for placing on the market for human
consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances.
The FSSAI vide F.NO. 04010/1/2021-Regulatory-FSSAI (E-1504) Dated 17th August 2022 clarified that ‘tobacco’ has not
been excluded from the definition of ‘food’ as provided in section 3(1)(j) of Food Safety and Standards Act, 2006 while
regulation 2.3.4 of the Food Products Standards (Prohibition, restrictions and Sales) Regulation, 2011 unambiguously
provides that ‘tobacco’ and ‘nicotine’ shall not be used as ingredients in any food products, food containing tobacco and
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
nicotine as “ingredient” are widely used now-a-days which are easily available in different brand names for sale in the
market. For which general population, school students, children, youngsters, coolies and hard labourers etc.. are affected
and its injurious to their health;
AND WHEREAS, Gutkha, Pan Masala and chewing tobacco are food products in which tobacco and nicotine are
widely used as ingredients now-a-days;
AND WHEREAS, it is expedient to prohibit Gutkha, Pan Masala and chewing tobacco in the State of Tamil Nadu,
being food products in which tobacco and nicotine are widely used as ingredients;
AND WHEREAS, consumption of the above such products will endanger human health and well being and whereas,
if consumption of these food articles is allowed without prohibition, the well being of current and future generation will be
compromised and hence it has to be prohibited.
The Hon’ble Supreme Court of India in Central ARECANUT Marketing Corporation and Others Vs Union Of India
(Transfer case (c ) 1 of 2010 ) in its order dated 23.09.2016 observed that to circumvent the ban on the sale of Gutkha,
the manufacturers are selling Pan Masala (without tobacco) with flavoured chewing tobacco in separate sachets but often
conjoint and sold together by the same vendors from the same premises, so that consumers can buy the Pan Masala and
flavoured chewing tobacco and mix them both and consume the same. Hence, instead of the earlier “ready to consume
mixes”, chewing tobacco companies are selling Gutkha in twin packs to be mixed as one”.
The Hon’ble Supreme Court of India in view of the above has directed the concerned statutory authorities to comply
with the above mandate of law of regulation 2.3.4 of Food Safety and Standards (Prohibition and Restrictions on Sales)
Regulation, 2011 and directed the secretaries, health department of all the states and union territories to ensure total
compliance of the ban imposed on manufacturing and sale of Gutkha and Pan Masala with tobacco and/or nicotine.
On compliance of the directions given by the Hon’ble Supreme court of India, in its interim order dated 23.09.2016
in Transfer Case (civil) No. 1/2010, The FSSAI’s issued a letter dated 5th October 2016 and 9th October, 2017 vide
file No 13(25)2017/Tobacco Issues/RCD/FSSAI, The Secretary Department of Health and Family Welfare, Government
of India issued a letter dated 5th December 2016 vide D.O.No. 16019/2/2014-PH-I, and in pursuance of regulation
2.3.4 of the Food Safety And Standards (Prohibition and Restrictions on Sales) Regulation, 2011, manufacture, storage,
transport, distribution or sale of all food products chewable or otherwise, which is either flavoured, scented or mixed with
any of the said additives, and whether going by the name or form of gutkha, pan masala, flavoured or scented chewable
food products, by whatsoever names called, whether packaged or unpackaged and/or sold as one product, or though
packaged as separate products, sold or distributed in such a manner so as to easily facilitate mixing by the consumer
which contains tobacco and / or nicotine as ingredients.
AND WHEREAS, as per Section 48 of Food Safety and Standards Act, 2006 General Provisions relating to offences;
(2) In determining whether any food is unsafe or injurious to health, regard shall be had to –
(a) (ii) the information provided to the consumer, including information on the label, or other information
generally available to the consumer concerning the avoidance of specific adverse health effects from a
particular food or category of foods not only to the probable, immediate or short-term or long-term effects
of that food on the health of a person consuming it, but also on subsequent generations; and
(iii) to the probable cumulative toxic effects;
Explanation. – For the purposes of this section, “injury”, includes any impairment, whether permanent or temporary,
and “injurious to health” shall be construed accordingly.
The Gutkha, Pan Masala, chewing tobacco manufacturers themselves declared in their labeling of the packaged that
chewing tobacco is injurious to health, tobacco causes cancer, tobacco causes painful death, chewing of pan masala is
injurious to health, etc.
AND WHEREAS, as per Section 26 of Food Safety and Standards Act, 2006 Responsibilities of the Food Business
Operator
(2) No Food Business Operator shall himself or by any person on his behalf manufacture, store, sell or distribute
any article of food-
(i) which is unsafe; or
(iv) which is for the time being prohibited by the Food Authority or the Central Government or the State
Government in the interest of public health.
AND WHEREAS, the Food Safety and Standards Authority of India vide RCD-02001/23/2026-Regulatory-FSSAI-
Part(1), Regulatory Compliance Division, dated. 27 March 2026 issued directions as follows :
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
3
Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sale of certain products)
Regulations, 2011, as amended from time to time, stipulates that Tobacco and nicotine shall not be used as ingredients
in any food products. Accordingly, food products containing tobacco or nicotine as ingredients, including Gutkha and Pan
Masala with tobacco/nicotine, are prohibited.
Further, Section 30(2)(a) of the Food Safety and Standards Act, 2006 which empowers the Commissioner of Food
Safety to prohibit, in the interest of public health, the manufacture, storage, distribution or sale of any article of food in the
whole of the state or any area or part thereof for such period not extending one year, by an order notified in the Official
Gazette.
In the view of the above, FSSAI issue letter dated. 09.10.2017 directing the necessary measures be taken to ensure
compliance with the provisions under Regulation 2.3.4 of the Food Safety and Standards (Food Safety and Standards
Additives) Regulations, 2011, and to ensure adherence to the directions of the Hon’ble Supreme Court order dated.
23.09.2016 [in the matter of Transfer case (civil) No(s). 1/2010-Central Arecanut Marketing Copn. & ORS.] requiring all
States and UT’s to file their affidavits on the issue of total compliance of the ban imposed on the manufacturing and
sale of Gutkha and Pan Masala containing tobacco and / or nicotine. Further, on 17.08.2022, FSSAI issued another
clarification to the Commissioner of Food Safety, Tamil Nadu, advising that all laboratories, including referral laboratories,
analyse samples of chewing and tobacco products.
Additionally, Ms. V. Hekali Zhimomi, I.A.S., Additional Secretary, issued another D.O. letter dated. 24.10.2025
highlighting that several States have not been issuing the required orders/notifications on an annual basis. It has been
observed that in some States/UTs, the requisite orders/notifications under Section 30(2)(a) of the Food Safety and
Standards Act, 2006 are not being issued or renewed on an annual basis, which may affect effective enforcement of the
above prohibition.
In view of the above, all the Commissioner of Food Safety of States / UT’s are requested to ensure necessary
compliance of the order of the Hon’ble Supreme Court dated. 23.09.2016 and to ensure issuance/renewal of appropriate
orders or notifications annually under Section 30(2)(a) of the Food Safety and Standards Act, 2006, prohibiting the
manufacture, storage, distribution or sale of:
i.
Gutkha and Pan Masala containing tobacco and/or nicotine; and
ii.
Any other products marketed separately having tobacco or nicotine in the final product by whatever name
called, whether package or un-packaged and/or sold as one product, or though packaged as separate
products, sold or distributed in such a manner to easily facilitate mixing by the consumer.
NOW THEREFORE, in exercise of the powers conferred by clause (a) of sub-Section (2) of Section 30 of the Food
Safety and Standards Act, 2006 (Central Act 34 of 2006), the Commissioner of Food Safety of the State of Tamil Nadu, in
the interest of public health, hereby prohibits the manufacture, storage, distribution or sale of all food products chewable
or otherwise which is either flavoured or scented or mixed with any of the said additives, and whether going by the name
or form of gutkha, pan masala, flavoured or scented food products or chewable food products by whatsoever name
called, whether packaged or unpackaged and/or sold as one product, or though packaged as separate products, sold or
distributed in such a manner so as to easily facilitate mixing by the consumer and any other food products containing
tobacco and/or nicotine as ingredients, by whatsoever name it is available in the whole of the State of Tamil Nadu for
a further period of one year with effect from 23.05.2026.
Chennai - 600 006,
R. LALVENA,
23rd May 2026.
Principal Secretary / Commissioner of Food Safety.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU