The Doctrine of pith and substance is an old concept, borrowed by Indian Constitutional makers from the ‘Canadian Constitution’. The word ‘pith’ denotes ‘true character or essence’ and ‘substance’ denotes ‘the most significant part of a thing’. Hence, this doctrine aims to find out the true nature of a statute.
An outright ban would defeat the purpose of a ban as it would only create a black market which is more harmful in the long term. However, regulation and taxation could be a solution to reduce the consumer base until scientific evidences prove their health risk,