Delhi High Court upholds 50% warning label requirement for pan masala packages

Delhi High Court upholds Central Government's decision to increase pan masala warning size, citing public health policy.

The Delhi High Court has ruled in favour of the Central Government’s decision to increase the size of statutory warnings on pan masala packages, requiring the warnings to cover 50% of the front of the label, up from the previous font size of 3 mm.

The High Court’s decision came in response to a petition filed by Dharampal Satyapal Limited, the manufacturers of well-known pan brands such as Rajnigandha, Tansen, and Mastaba, who challenged the regulation issued by the Food Safety and Standards Authority of India (FSSAI) set to take effect in May 2024.

The company claimed that there was no scientific basis for the significant increase in the size of the statutory warning. It claimed that no studies were conducted by the Scientific Panel or Scientific Committee, set up under the Food Safety and Standards (FSS) Act, prior to the decision.

The company stated that to its knowledge, no study was done by the Scientific Panel or Scientific Committee before proposing the said increase in the size of the statutory warning.

It stated that it appears from the record that the size of the warning statement was increased to 50% at the instance of one member of the Scientific Committee at the 31st meeting dated November 15, 2018 and thereafter, the said suggestion has been implemented without any deliberations as required under the FSS Act.

The company also highlighted the inconsistency in warning sizes for similar harmful products, such as betel nut (areca nut), which is the principal ingredient of pan masala and alcohol, which is admittedly acknowledged as a harmful substance, still maintain a warning size of 3mm.

In response, FSSAI’s emphasised the historical context of the warning statements. It said the warning “Chewing of pan masala may be injurious to health” was introduced in 1990 and updated in 2011 to “Chewing of pan masala is injurious to health,” reflecting a more definitive health risk.