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The High Court of Gauhati directed the state of Assam to take action against all the Pan Masala Manufacturing Companies whose products contain the Magnesium Carbonate (MgCO3) in their products under Food Safety and Standards Act, 2006. In re Jitul Deka v. State of Assam and Ors where the petitioner, who is the General Secretary Asomiya Yuva Mancha filed an Public Interest Litigation on seeking ban sale, supply, manufacturing of Pan Masala products such as ‘Vimal’ and ‘Kamla Pasand’. The allegation made by the petitioner is that the above said companies products contain cancer causing compound MgCO3 and the state authorities being known of the fact have failed to to take any further action against them. The petitioner mentioned that these products are ‘sub-standard’ and unsafe for consumption which violates Section 26 of the Act. Furthermore, the petitioner held that the compound MgCO3 which is present in these products is prohibited under Regulation 3.1.7 of the Food Safety and Standards (Food Products Standards and Food Additives) Act, 2011.
It explicitly mentions that no anticaking agents shall be used without any specific permissions. The petitioner relied on the matter of Union of India & Ors. v. Unicorn Industries the hon’ble SC held that chewing of Pan Masala is responsible for Cancer and as such exemption given to such Pan Masala Companies cannot be said to be in public interest and thereby withdrawal of the exemption is in public interest. The petitioner also held that states like Bihar, Maharashtra and Rajasthan have banned the brands that contain MgCO3 compounds in Pan Masala products and insisted that the same should be adopted in the state of Assam as well. He asserted that this was a clear violation of Articles 14 and 21 of the Indian Constitution. The plea read “The petitioner being a social worker had taken so much pain and vide letter dated 20.12.2019 approached the laboratory in respect different chemical present as ingredients in Pan Masala. To the utter shock and surprise, vide test report dated 13.01.2020 it is revealed that MgCO3 in large quantity is found as ingredients in certain Pan Masala in the State of Assam.” The matter is posted on March 16 for an affidavit containing the state’s reply on the petitioners allegations.
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