Tobacco & Law

Law 2008

Central government revised the rule, banning smoking in all public places from October 2, 2008.

  • The new law bans smoking in all public places which includes:
  • Auditoriums, hospitals premises, health posts, refreshments, public offices, court buildings, education offices, libraries, amusement centre’s, public transport, play grounds, railway stations, bus stops, working places, shopping malls. Coffee houses, pubs, bars, air port lounge.
  • The owner, manager, supervisor and in charge of public places are entitled to fine the person who disobeys the above law.
  • In case the owner, manager, supervisor and in charge of public places disobeys the law or does not take action he/ she will be fined in the same manner under the law.
  • A study of 22 developed countries found that comprehensive bans reduced tobacco consumption by 6.3%
  • It is estimated that for each 10% increase in retail prices consumption is reduced by about 4% in high-income countries and by 8% in low & middle income countries.

Law 2003

Prohibits all forms of direct and indirect tobacco advertising

  • Prohibits smoking in closed public places.
  • Prohibits sale of tobacco products to persons under 18 years
  • Prohibits sale of tobacco products within 100 yards of educational institutions.
  • Make compulsory indication of nicotine and tar contents on the packets and presence of symbolic warnings on the packets in English as well as Indian languages
  • The language of the warning on the package will be English and any Indian language(s) on the package.

The proposed Act covers cigarette, cigars, cheroots, beedis, cigarette tobacco, pipe tobacco and hooka tobacco, chewing tobacco and pan masala or gutkha or any chewing material having tobacco as one of its ingredients (with whatever name called.)
Government of India has made a tobacco control law. It is called Cigarettes and other tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Law 2003 (COTPA, 2003). This act was signed by the President of India on behalf of Indian citizen in 2003. The Act extends to whole of India.  The Act came into force on 1st, May, 2004.

The Detailed information of COTPA, 2003

Goal of the Act 2003:
To ensure that effective protection is provided to non smokers from involuntary exposure to tobacco smoke and protects children and young people from being addicted to the use of tobacco.

Trainer will explain the law’s main points through slide presentation.

  • Prohibits all forms of direct and indirect tobacco advertising
  • Prohibits smoking in closed public places.
  • Prohibits sale of tobacco products to persons under 18 years
  • Prohibits sale of tobacco products within 100 yards of educational institutions.
  • Make compulsory indication of nicotine and tar contents on the packets and presence of symbolic warnings on the packets in English as well as Indian languages.

Law 2003 Says:

  • A person cannot smoke in public place means auditorium, hospital buildings, railway waiting room, amusement centre, restaurants, public offices, court buildings, educational institution, libraries, public conveyances etc. where the general public have access, but does not include any open space.  Display of prominent non smoking signs e.g. “Smoking here is strictly prohibited” is mandatory at all public places. (In Murli Deora  V/s. Union of India 2001 8 SCC  765, Hon`ble Supreme Court has held that public smoking violates the non-smoker’s Fundamental Right to Life under Article 21 of the Constitution of India.)

  • Sale of tobacco products to persons under the age of 18 is prohibited. The seller should ensure that the person who is buying the tobacco product is not a minor. A display board to be put up at the point of sale declaring that “sale of tobacco products to minors is prohibited”.

  • Prohibits direct and indirect advertisement (sponsorship & etc). 

  • No person can sell tobacco products within the radius of one hundred yards of educational institutions. A display board to be put up outside the educational institutions declaring the same.

  • No person shall trade in any tobacco products including imported products unless the specified warnings are indicated. Warning to be visible before opening and clear presentable.

  • Pictorial depiction of skull and cross bones and such other warning should be prescribed on the packets of all tobacco products. Now this point is debatable; pro tobacco lobby does not want this clause. But it is very important for tobacco cessation. Lot of countries implements this rule and tobacco consumption rate has been decreased.

  • The nicotine and tar contents and the maximum permissible limits will be indicated on the package as prescribed under the rules, which will be notified separately.

  • The language of the warning on the package will be English and any Indian language (s) on the package.

  • There shall be a total ban on sponsoring of any sports/ cultural events by cigarette and other tobacco product companies.

  • Any officer not below the rank of sub- inspector of police or State Food or Drug Administration or any other officer authorized by the state/central Government will be authorized to carry out the provision of this proposed legislation provided that officer thus authorized shall not be less than equivalent to the level sub-inspector of the police.

  • Any violation will lead to confiscation of the goods. The owner of goods will be given the option to pay a fine lieu of the confiscation which should be equal to the value of goods confiscated.

  • The minor offences relating to smoking in public places and sale of tobacco products will be made compoundable and fine up to Rs. 200 /- will be levied.

  • I) for advertisement of tobacco products, the punishment is imprisonment of a term which may extend to two years or with fine which extend to RS. 1000 /- or with both for the first conviction; for the second and subsequent conviction, imprisonment to extend to five years and with fine which may extend Rs. 5000/-

II) A) for producers and manufactures, the punishment is imprisonment of term which may extend to two years or with fine which may extend to RS. 5000/- or with both for the first conviction; for the second and subsequent conviction, imprisonment to extend five years and with fine which may extend to Rs. 10000 /-
B) For sellers and distributors, the punishment is imprisonment of term which may extend to one year or with fine which may extend to Rs. 1000/- or with both for the first conviction. For the second and subsequent conviction, imprisonment to extend to two years and with fine with may extend to Rs. 3000/-.

  • The proposed Act  will cover cigarette, cigars, cheroots, Beedis, Cigarette tobacco, pipe tobacco and hooka tobacco, chewing tobacco and pan masala or gutkha or any chewing material having tobacco as one of its ingredients (with whatever name called.)

Some Amendments of COTPA, 2003:

  1. Ban on sale of tobacco products by minors
  2. Ban on sale of tobacco products through vending machines
  3. The use of a name or brand of tobacco products for marketing, promoting or advertising other goods, services and events.
  4. The marketing of tobacco products with the aid of a brand name or trademark which is known as, or in use as, a name or brand for other goods and service.
  5. The use of particular colors and layout and/or presentation those are associated with particular tobacco products.
  6. The use of tobacco products and smoking situations when advertising other goods and services.
  7. Ban on display of tobacco products or their use in movies or television
  8. Ban on display of names / logos of tobacco brands in any manner during media coverage of international events sponsored by tobacco manufacturers.   
  9. Restrictions on the content, size and number of point of sale of advertisements
  10. The size of the board used for the advertisement of cigarettes and any other tobacco products displayed at the entrance of a warehouse or a shop where cigarette or any other tobacco products is offered for sale shall not exceed 60 cms x 45 cms.
  11. Each such board shall contain in an Indian language as applicable, one of the following warnings occupying the top edge of the board in a prominent manner measuring 20 cms x 15 cms namely:
    1. Tobacco causes cancer, or
    2. Tobacco Kills
  12. The health warning must be prominent, legible and in black colour with a white background.
  13. The display board shall only list the type of tobacco products available and no brand pack shot, brand name of the tobacco product or other promotional message and picture shall be displayed on the board. The display board shall not be backlit or illuminated in any manner.

The amendment has been made in 2008, restricted the smoking in working place also. Open places like open auditoriums, stadiums, railway stations, bus stops are also smoke free by legislation. The owner, supervisor and manager of public places will fine the person who disobeys the law.