Key Update

The Maharashtra government told the Bombay High Court that flavoured hookah tobacco does not qualify as “food” and therefore does not fall under the Food Safety and Standards (FSS) Act, 2006. The state relied on a March 23 clarification issued by the Food Safety and Standards Authority of India.

SOEX India and High Street Impex LLP approached the court after food safety officials raided their facilities in Pune’s Maval and Bhiwandi in December 2025 and January 2026. Authorities sealed their factory, warehouse, and office, and seized export-bound goods worth around ₹32 crore, citing violations of FSS regulations and lack of proper authorisation. The companies argued that authorities acted arbitrarily and did not take similar action against other businesses in the sector. They added that the raids disrupted exports, triggered cancellation notices, and caused significant financial losses.

State Defends Ban on Tobacco Products

The state maintained that existing regulations prohibit the manufacture, storage, distribution, and transport of tobacco products in Maharashtra. It argued that such businesses cannot legally operate within the state, regardless of the FSS Act’s applicability. A division bench of Justices Ravindra Ghuge and Abhay Mantri questioned the state’s approach and warned that it may have to pay damages if the action is found unjustified. The Court also cautioned against high-handed enforcement and directed officials to clarify their regulatory stance.

State Agrees to Unseal Premises

Following the Court’s observations, the state informed the bench on March 6 that it would unseal the premises and release the seized goods. In a fresh affidavit filed on April 6, the state cited the FSSAI clarification stating that flavoured hookah tobacco does not fall under the definition of “food” under the 2006 Act. Based on this, the state concluded that authorities cannot take action under the FSS Act against manufacturers or traders dealing with such products, and any continued coercive action under the law would be unwarranted.

Source: Hindustan Times