The Law Behind Tobacco Control in India

Lung cancer has emerged as a significant illness, claiming approximately 1.5 million lives worldwide each year based on projections from a 2008 assessment conducted by the International Agency for Research on Cancer (IARC). This fact is made even more tragic considering that nearly 95% of these deaths could have been avoided entirely. The main culprit behind the rise of lung cancer is the inhalation of cigarette smoke, which also explains its rarity before the 20th century.

The History of Smoking Causing Cancer

Since the late 1930s, there were population studies, animal experimentation, and cellular pathology studies that linked the consumption of tobacco smoke with respiratory problems which invariably led to lung cancer. With further research throughout the subsequent decades, consensus about the harms of cigarettes began to form among medical circles and tobacco companies. The United States Surgeon General’s Report of 1964 that directly linked cigarette smoking to lung cancer was the turning point that led to legislation mandating the now ubiquitous warning label on the side of the packaging to inform the public that the very product they consume frequently, could kill them.

In India, the Cigarettes Act of 1975 provided for certain restrictions in relation to trade and commerce in, and production, supply, and distribution of, cigarettes. This Act had very mild restrictions and was ineffective in putting a cap on the proliferation of cigarette smoking. At the start of the new millenium, the smoking problem was only worsening with no real solution. It was then that the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC) was ratified by the Government of India, which was also instrumental in drafting and finalizing FCTC’s provisions. Parallel to the treaty, India adopted a comprehensive tobacco control law i.e., the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003 (COTPA) against the backdrop of landmark cases such as Murli S. Deora vs Union Of India where the Court ruled that the act of smoking in public places infringes upon the right to life of passive smokers. Recognizing the seriousness of the matter and the detrimental impact of smoking on both active and passive smokers, the Supreme Court issued a directive that prohibits smoking in public spaces. This new Act replaced the Cigarettes Act of 1975 and expanded the scope of tobacco products from only cigarettes to other similar products as well (1^✔ ✔Trusted Source
Assessment of implementation and compliance of (COTPA) Cigarette and Other Tobacco Products Act (2003) in open places of Delhi

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Murli S. Deora v/s. The Union of India

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How COTPA Regulates Tobacco Consumption

The COTPA is the end all be all when it comes to Indian tobacco control laws. Some of its salient features are:

Prohibition of Advertisement

The Act, under Section 5, strictly prohibits the advertisement of cigarettes and other tobacco products through various forms of media, such as print, electronic media, hoardings, sponsorship of events, promotional activities, and the Internet. It aims to prevent the promotion of tobacco products, especially among the youth.

Warning Labels

Section 7 of the Act mandates that all cigarette and tobacco product packages must carry pictorial health warnings that cover at least 85% of the principal display area. The warnings include both pictorial and textual messages that convey the harmful effects of tobacco use.

Prohibition of Smoking in Public Places

The Act, through the scope of Section 4, prohibits smoking in public places, including offices, educational institutions, hospitals, restaurants, public transport, and more. It aims to protect non-smokers from the harmful effects of passive smoking. Specific provisions.

Prohibition of Sale to Minors

Section 6 of COTPA strictly prohibits the sale of cigarettes and other tobacco products to individuals below the age of 18 years. It aims to discourage the initiation of tobacco use among minors. It also imposes penalties on those who sell or distribute tobacco products to minors.

Regulation of Packaging and Contents

The Act regulates the packaging and contents of cigarettes and tobacco products by specifying the requirements for packaging and labelling of tobacco products, including the size and placement of health warnings, prohibition on misleading labels, and restrictions on claims related to reduced harm or other promotional statements in Section 7.

Prohibition of Direct and Indirect Advertising

The Act not only prohibits direct advertising but also indirect advertising of tobacco products, such as brand promotions through sponsorships, endorsements, and product placements under Section 5 (3^✔ ✔Trusted Source
The history of the discovery of the cigarette-lung cancer link: evidentiary traditions, corporate denial, global toll FREE

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Licensing and Registration

The Act requires manufacturers, wholesalers, and retailers of tobacco products to obtain licenses and register with the appropriate authorities to engage in manufacturing, storing, and distributing tobacco products. Section 12 specifies the application process, conditions for granting licenses, and the authority responsible for issuing licenses.

Enforcement and Penalties

Section 20 of the Act empowers designated enforcement authorities to monitor and enforce compliance with its provisions. It also specifies penalties for various offenses under the Act, which include fines and imprisonment. It also empowers the authorities to cancel or suspend licenses in case of non-compliance.

References:

1. Assessment of implementation and compliance of (COTPA) Cigarette and Other Tobacco Products Act (2003) in open places of Delhi - (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7491856/)
2. The history of the discovery of the cigarette–lung cancer link: evidentiary traditions, corporate denial, global toll FREE - (https://tobaccocontrol.bmj.com/content/21/2/87)
3. Legislation by Country India - (https://www.tobaccocontrollaws.org/legislation/india)

Source-Medindia