The High Court today questioned the legality of the government action that has given approval to Philip Morris Bangladesh Limited for establishing a nicotine pouch factory at the Meghna Industrial Economic Zone in Narayanganj.
The court issued a rule asking the authorities concerned of the government to explain why the action for giving the approval should not be declared illegal.
The HC bench of Justice Sikder Mahmudur Razi and Justice Raziuddin Ahmed issued the rule following a writ petition filed by three persons, including lawyer Sajidul Haque, challenging the government decision.
On Sunday, a legal notice was served on the government requesting it to immediately cancel the approval for establishing the nicotine pouch factory.
Barrister Jwel Sarkar sent the legal notice on behalf of Public Health Lawyers' Network (PHLN), anti-tobacco activist Saifuddin Ahmed, Earth Development Foundation's Chief Executive Officer Md Aminul Islam, and Pratyasha Anti-Drug Club's Secretary General Helal Uddin, saying that the approval for the factory is unconstitutional, illegal, and a violation of Supreme Court directives issued to safeguard public health.
The notice was sent to the secretaries at the Chief Adviser's Office, the ministries of health, environment and industries, the executive chairman of Bangladesh Economic Zones Authority (BEZA) and the executive chairman of Bangladesh Investment Development Authority (Bida), the director general of the Department of Environment, the chairman of the Bangladesh Food Safety Authority, and Philip Morris Bangladesh Ltd.
The legal notice mentioned that BEZA and Bida have granted permission to Philip Morris Bangladesh Limited to establish a nicotine pouch manufacturing facility in the economic zone.
The WHO estimates 161,000 tobacco-related deaths occur in Bangladesh annually. A 2019 study by the Bangladesh Cancer Society found that tobacco use causes the economy to incur Tk 3,560 crore in treatment expenses and productivity losses during the fiscal year 2017–2018, whereas in comparison, the government received revenue from tobacco amounting to Tk 22,810 crore in the same period.
Tobacco use is a major cause of Non-Communicable Diseases (NCDs) in Bangladesh, directly leading to cancer, heart disease, stroke and respiratory illnesses. Despite the legal obligations under the Smoking and Tobacco Products Usage (Control) Act, 2005 (as amended), and Bangladesh's commitments under the WHO FCTC (Framework Convention on Tobacco Control), enforcement remains insufficient.
This failure to properly regulate tobacco products jeopardises public health and breaches the fundamental right to life and health guaranteed under Articles 18(1) and 32 of the Constitution, the lawyer said in the legal notice.