Tuesday, May 31, 2011

Supreme court of India agreed to hear plea against gudka and pan masala manufactures


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New Delhi - 30 may 2011. The Supreme Court of India on Monday agreed to hear a plea against gutka and pan masala manufacturing companies for allegedly using plastic material in sachets in violation of its order banning use of such materials.

The application, filed by an advocate alleged almost all the companies--Pan Parag, RMD Gutka, Dilbag Gutaka, Rajashree Gutka, Rajdarabar Gutka-- are flouting the apex court order which had banned using of plastics in gutka and pan masala sachets after March 1.

"Even long after the cut-off date of March 1, fixed by the Supreme Court, all the gutka and paan masala manufacturers are using plastic material in package sachets to sell such product to public. It is a deliberate and ingenious flouting of the law on their parts," advocate Abani Sahu, who filed the application, contended.

He submitted these companies continue to use regular plastic material within the outer paper packet.

"Many gutka and pan masala companies continue to use regular plastic material within the outward paper packaging material to deceptively conceal the usage of such plastic material and convey a misleading picture of superficial and seemingly visible external compliance with the Supreme Court's order," he said.

A bench of justices G S Singhvi and C K Prasad, after hearing his arguments, posted the matter for final hearing on July 6.

The apex court had on May 11 issued a contempt notice to the Managing Director of Dharampal Satyapal group of companies, makers of two popular brands of tobacco Rajnigandha and Tulsi, for allegedly defying its order banning use of plastic sachets for sale of their products.

The Supreme Court had in December last imposed a ban on the use of plastic in packaging of tobacco products and set March 1 as the deadline within which the tobacco manufacturers need to implement its order.

The Supreme Court ruling had come in midst of reports that more than five million children under the age of 15 years in India suffer from various forms of mouth cancers, which is mainly attributed to unregulated consumption of gutkha. In states like Uttar Pradesh and Madhya Pradesh, more than 16 per cent mouth cancer patients are children.

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still there is plastic

Gutkha and pan masala manufacturers' new initiative to sell their products in paper and aluminium foil pouches has run into trouble with the pollution control authority stating it could still contain plastic.

The pan masala makers were forced to change the packaging material following a Supreme Court ban on sale of these products in plastic pouches from March 1, 2011.

"The pollution control board has so far not permitted the sale of pan masala in any new packing, as the sample provided by the manufacturers was sent to Lucknow pollution board where the results are awaited.

"No manufacturer can sell his product until and unless they get a no objection certificate from Lucknow Board," said U.P Pollution Control Board regional officer Radheshyam.

He added that sale of pan masala and gutkha in the new pouch prior to the permission from the Pollution Control Board would be in violation of the Supreme Court order, and legal action would be taken against those who indulge in it.

The pan masala and gutkha manufacturers said they started selling the products in the new paper and aluminium pouch, after the excise department sent the sample pouch for testing.

Kanpur Kirana Association Chairman and one of the city's leading pan masala distributor, Rakesh Agarwal, told PTI Bhasha today that the sample pouch sent to the excise department will be tested for a possible plastic content.

He said if it does not meet the yardstick then they would recall the new packing.
Agarwal added that the manufacturers are taking necessary precautions to ensure the pouch is plastic free, and also taking in writing from the packaging firms that the material does not contain plastic.

Five prominent brands have started selling the products in the new packaging, and other manufacturers are expected to follow suit by 1 April.

Agarwal said pan and gutka manufacturers would not raise prices despite switching over to the costlier packaging.