Pictorial warnings to stay on packs of tobacco products
The Supreme Court on Monday declined to stay the Centre’s recent notification that mandated imprinting of “more gruesome” images of cancer patients’ on the packets of tobacco products as a pictorial warning.
The notification, to be brought into effect from September 1, 2018, also requires the packets of tobacco products to also carry the carry the number of a helpline for those seeking assistance to tobacco use.
A bench led by Chief Justice refused to entertain an application filed by the tobacco companies who cried foul over the amended notification, accusing the government of violating top court’s order. They said the SC had in January stayed the Karnataka high court verdict that quashed the government notification, which necessitates a statutory health warning to be printed on packages of cigarettes, pan masala and other tobacco products.
The notification, which amends the 2014 Cigarettes and other Tobacco Products (Packaging and Labelling Rules), mandates replacement of current image of a person’s throat with a hole with more “gruesome pictures of a person’s lips with diseased and purulent growth.” Even the statutory warning line, “Smoking causes throat cancer”, will be replaced with “Smoking causes painful death” and “Tobacco causes cancer.”
Justice DY Chandrachud, also sitting on the bench, observed: “It only talks about change of photos and actual images of cancer patients would be shown. What is the harm?”
Senior advocate Mukul Rohatgi, however, prayed for a stay of the notification and said there has to be “some freedom of choice” or else “business should be closed.” “Tomorrow if I want to drink and eat chocolate, I should be allowed to do so. If this cannot be allowed then lets close all the business. Why not make it mandatory for chocolate companies to carry a warning that chocolates lead to diabetes,” Rohatgi said, raising the objections.
“But, reasonable restrictions can always be there,” CJI Misra said, reminding Rohatgi. Justice Chandrachud added: “Also, there is a need for an informed choice in such matters. Ministry is only informing the public (through the statutory warning).”
Cigarettes and other Tobacco Products (Packaging and Labelling Rules) of 2008, as amended in 2014, requires that the statutory health warning, to be printed on packages of cigarettes, pan masala, and other tobacco products, shall cover at least 85% of the principal display area. Earlier it was 40%. The Rule requires 60% of the space to be devoted towards the pictorial depiction of mouth, throat and lung cancer and 25% to textual health warning.
NEWDELHI: