Court issues notice on pictorial warnings on cigarette packs

By IANS

New Delhi : The Supreme Court Friday asked the union government to respond to allegations that it was not implementing a law for having pictorial warnings on cigarette packs and other tobacco products under pressure from the tobacco lobby.


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A bench of Chief Justice K.G. Balakrishnan issued a notice to the ministry of health on a petition seeking implementation of the law.

In their petitions, advocates Narinder Sharma and Himanshu Gupta, pointed out that the government was not implementing the law, framed on July 5, 2006, and was repeatedly deferring its implementation.

The advocates pointed out that ‘The Cigarettes and other Tobacco Products (Packaging and Labelling) Rules 2006’, which stipulates printing of warnings on tobacco products, was to initially come into force in February 2007.

The government, however, first deferred its implementation to June 2007 and later to December, but did not implement it, the advocates said, claiming that it now it appears that it has been postponed indefinitely.

They alleged that the government appears to have buckled under political pressure and the rules have been referred back to parliament for approval after substantial changes.

The petition pointed out that the rules provided for listing of the ingredients like tar, nicotine and carbon monoxide on the packs, but due to its non-implementation the consumers were being deprived of their right to know these ingredients.

The petition said the government was not implementing the rule on the pretext that it does not have the capacity to regulate the level of tar, nicotine and carbon monoxide in tobacco products.

The petitioners said most international practices related to warnings on tobacco products have been ignored.

They said the mandate to display a “skull and bones” sign on cigarette packs had been dispensed with and it was made optional for tobacco companies.

“This has been done on the alleged pretext that such visual warnings may hurt the religious sentiments of certain people,” the petition said adding that such steps were taken by the government under tremendous pressure from the powerful tobacco lobby.

“The government seems to be helplessly placed because of the tobacco lobby,” the two advocates said.

They alleged that the government appears to “lack political, moral and ethical will to implement the law without realising that it is the question of national importance as people are dying of tobacco-related diseases”.

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