Nagpur: The Nagpur Bench of the Bombay High Court on Friday disposed of a Public Interest Litigation (PIL) after Zepto Marketplace submitted an affidavit confirming it has ceased the online sale of prohibited pan masala and certain flavoured substances.
The PIL, filed by Rohan Jaiswal, highlighted the rampant illegal sale of hookah flavours and scented pan masala on e-commerce platforms, despite a complete ban imposed by the State Government through an order issued on July 12, 2024. Jaiswal’s petition emphasized the harmful effects of these substances on youth health and urged the government and administration to strictly enforce existing laws and orders.
PIL demanded FIRs and accountability
In his petition, Jaiswal not only sought immediate action against the use, sale, and consumption of these banned food products but also requested the court to direct the Commissioner of Police to register FIRs against those engaged in such illegal trade. Furthermore, he sought action against officials responsible for the violation of these bans.
The petitioner stated that on May 11, 2025, he discovered that banned pan masala and hookah flavours were being sold on the Zepto app, operated by Zepto Marketplace. Recognizing the gravity of the issue, Jaiswal personally investigated by placing an order for pan masala. He successfully received the product through a Zepto delivery agent, paying ₹219.19 for the purchase.
Following this discovery, Jaiswal filed a Right to Information (RTI) application with the Food and Drug Administration (FDA) on May 14, 2025, seeking information regarding the online sales.
The petitioner informed the court that the FDA had not responded to his RTI application, compelling him to approach the High Court. Jaiswal’s petition detailed that the FDA had previously issued an order on July 19, 2012, banning the purchase, sale, and use of pan masala. The National Health and Family Welfare Department had also issued warnings regarding these harmful substances.
While pan masala manufacturing companies had challenged the government’s decision in the High Court, the Bombay High Court, in an order dated July 8, 2024, explicitly refused to stay the FDA’s ban, reinforcing the state’s prohibition.
With Zepto’s commitment to halting the online sale of these prohibited items, the High Court concluded the proceedings related to the PIL. The outcome underscores the judiciary’s role in ensuring the enforcement of public health regulations and highlights the ongoing challenge of curbing the online distribution of banned substances.