HC questions Govt on pictorial warning on tobacco

The Dollar Business Bureau

The High Court on Monday asked the government’s reaction on a plea seeking quashing of a notification issued by India’s Health Minister Jagat Prakash Nanda on printing 85% pictorial warning on tobacco products.

The government was asked by Chief Justice G Rohini and Justice Jayant Nath to respond by May 18, on the petitions submitted by Dharampal Satyapal Ltd and others. They were seeking quashing of two notices issued on October 15, 2014 and September 24, 2015 issued by the ministry.

"The impugned notification regarding amendment to the Cigarettes and Other Tobacco Products (packaging and labeling) Rules, 2008 (COTPA) envisages modification to increase the size of specified health warning from the current size of 40% to 85% of the principal display area of the package of tobacco products," plea said.

Tobacco products are supervised by the Legal Metrology (Packaged Commodities) Rules 2011, drafted under the Legal Metrology Act 2009. It lays down certain specifications which are to be declared on the tobacco packages.

"If the specified health warning occupying 85% of the principal display panel is printed on both the sides of the packaging by the manufacturer, there will not be any space left to declare the mandatory declarations under the Legal Metrology (Packaged Commodities) Rules 201. Inviting penalty/prosecution and entailing seizure of the goods and imposition of penalty," it claimed.

The petition, in its final report, claimed that the Committee on subordinate legislation had strongly recommended the warnings on cigarettes packets to be 50% on both sides instead of 85%, as mandated by the notification.