Leg­isla­tive Mea­sures

Consumer Voice - - Feature -

The Cig­a­rettes & Other To­bacco Prod­ucts (Pro­hi­bi­tion of Ad­ver­tise­ment and Reg­u­la­tion of Trade and Com­merce, Pro­duc­tion, Sup­ply and Dis­tri­bu­tion) Act, 2003: This Act was en­acted to im­ple­ment mea­sures to en­sure that ef­fec­tive pro­tec­tion was pro­vided to non-smok­ers from in­vol­un­tary ex­po­sure to to­bacco smoke and to pro­tect chil­dren and young peo­ple from be­ing ad­dicted to the use of to­bacco. It was also con­sid­ered ex­pe­di­ent to pro­hibit the con­sump­tion of cig­a­rettes and other to­bacco prod­ucts in­ju­ri­ous to health, with a view to achiev­ing im­prove­ment of pub­lic health in gen­eral as en­joined by Ar­ti­cle 47 of the Con­sti­tu­tion.

Sec­tion 3 (a) of the said Act de­fines ‘ad­ver­tise­ment’ as in­clud­ing ‘ any vis­i­ble rep­re­sen­ta­tion by way of no­tice, cir­cu­lar, la­bel, wrap­per or other doc­u­ment and also in­cludes any an­nounce­ment made orally or by any means of pro­duc­ing or trans­mit­ting light, sound, smoke or gas.’ Sur­ro­gate ad­ver­tise­ments clearly come un­der the def­i­ni­tion as it in­volves mak­ing the to­bacco la­bels clearly vis­i­ble to peo­ple through other prod­ucts by the same name. More­over, the pub­lic is al­ways re­minded of the to­bacco’s brand name through the ad­ver­tise­ments of such other prod­ucts. So such ad­ver­tise­ments are li­able to be a sub­ject mat­ter of this Act and there­fore sub­ject to its re­stric­tions.

Sec­tion 5 (1) of the Act states: ‘No per­son en­gaged in, or pur­ported to be en­gaged in the pro­duc­tion, sup­ply or dis­tri­bu­tion of cig­a­rettes or any other to­bacco prod­ucts shall ad­ver­tise and no per­son hav­ing con­trol over a medium shall cause to be ad­ver­tised cig­a­rettes or any other to­bacco prod­ucts through that medium and no per­son shall take part in any ad­ver­tise­ment which di­rectly or in­di­rectly sug­gests or pro­motes the use or con­sump­tion of cig­a­rettes or any other to­bacco prod­ucts.’

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