Framework Convention on Tobacco Control (FCTC)

India ratified the Convention on 5 February 2004 and the Convention itself came into force on 27 February 2005. The Convention seeks to protect present and future generations from devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke by providing a framework for tobacco control measures.

Section 5 (3) of the Act states: ‘No person shall, under a contract or otherwise, promote or agree to promote the use or consumption of— (a) Cigarettes or any other tobacco product; or (b) Any trademark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship, gift, prize or scholarship given or agreed to be given by another person.’

This section restricts advertisement or promotion of tobacco products for direct/indirect pecuniary benefit. It does not take within its ambit the scope of promoting tobacco through brand extension and sponsorships.

In 2005, the ministry of health and family welfare made certain amendments to the above Act, stating that the word ‘indirect advertisement’ mentioned in Section 5 (1) would mean: