Maharashtra suspends four FDA officials over hookah tobacco lapses

Maharashtra suspended four FDA officials over alleged lapses in hookah tobacco enforcement. The action highlights concerns about jurisdiction, due diligence and disproportionate coercive measures.

In Short

• Departmental inquiries were ordered under Maharashtra's civil services discipline rules
• Questions arose over FSSAI jurisdiction and products' legal food status
• Officials inadequately checked labels, intended use, suppliers and export details

The Maharashtra government has suspended four Food and Drug Administration officials, including two assistant commissioners, over alleged procedural lapses while taking action against manufacturers and traders of flavoured and scented hookah tobacco products, news agency Press Trust of India reported.

Departmental inquiries have also been ordered against the four officials of the Food and Drug Administration, the state's food safety regulator. The suspension orders were issued on Friday by the Medical Education and Drugs Department, under which the regulator functions.

The officials are D V Bhogawade, Assistant Commissioner (Food), Pune; Y B Dahatonde, Assistant Commissioner (Food), Nagpur; and food safety officers C R Swami and A Y Ilager. They were posted in Pune, Nagpur and Solapur.

The action follows proceedings against M/s SOEX India Pvt Ltd and M/s High Street Impex LLP over flavoured and scented hookah tobacco products. The products carried declarations stating that they were not meant for consumption and were intended only for smoking through hookahs.

According to Press Trust of India, the suspension orders cited several common procedural shortcomings in the handling of the cases. The officials allegedly failed to properly examine whether the products came under the definition of food in the Food Safety and Standards Act, 2006, and whether the Food Safety and Standards Authority of India had jurisdiction over them.

The officials were also found to have inadequately examined the classification, labels and intended use of the products, along with their non-edible declarations, export-related details and information about suppliers or manufacturers, before initiating action.

The orders also pointed to shortcomings in inspection records, sample documentation and stock verification. The officials allegedly failed to properly distinguish between finished products and raw materials and did not adequately assess whether the products should be classified as food or non-food items.

The government also flagged the use of coercive measures without properly examining their legal basis, whether they were proportionate and whether less restrictive action could have been taken.

In the SOEX India case, the order against Bhogawade said he had failed to exercise due diligence and examine the relevant legal and factual aspects before initiating action. It also referred to the absence of adequate justification for the measures taken against the company.

The government has ordered departmental inquiries against all four officials under the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The orders stressed that officials must carry out proper verification, seek necessary legal opinions and examine the Food Safety and Standards Authority of India's jurisdiction before taking similar enforcement action. They also indicated that strict action should be taken against officials found responsible for procedural violations.

The suspension orders referred to proceedings before the Bombay High Court concerning the action against the two companies, including issues related to the release of seized goods and the reopening of their sealed factories.

In summary, the four officials face suspension and departmental inquiries over alleged failures to verify the legal status, classification and intended use of hookah tobacco products and to follow proper procedures before acting against the two companies.

- Ends