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India

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Introduction

India became a Party to the WHO Framework Convention on Tobacco Control on February 5, 2004.

Smoke Free Places: In India, smoking is completely banned in many public places and workplaces such as healthcare, educational, and government facilities and on public transport. The law, however, permits the establishment of smoking areas or spaces in airports, hotels having 30 or more rooms, and restaurants having seating capacity for 30 or more. It is possible for sub-national jurisdictions to enact smoke free laws that are more stringent than the national law.

Tobacco Advertising, Promotion and Sponsorship: Direct advertising through many forms of mass media is prohibited, but tobacco companies still may advertise at the point of sale, subject to some restrictions. Recipients of funds provided by the tobacco industry are prohibited from promoting tobacco products, its trademarks or brand names; however, general sponsorship by the tobacco industry that does not involve the promotion of tobacco products may be permitted.

Tobacco Packaging and Labeling: Health warning labels are pictorial and text, cover 40 percent of the front panel of the package, and must be rotated every 24 months. Misleading descriptors (including, among others, “light,” “ultra-light” and “low-tar”) and associated graphics or product design features are all prohibited.

Roadmap to Tobacco Control Legislation: The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) is the principal comprehensive law governing tobacco control in India.  The Act was passed before India became a party to the WHO Framework Convention on Tobacco Control.  In 2004, the Ministry of Health and Family Welfare exercised the powers granted to it in Section 31 of COTPA by promulgating a first set of rules, which, with respect to smoke free and tobacco advertising issues, have been stayed by court order or superseded.  With respect to general enforcement of COTPA, G.S.R. 1866(E) lists certain officers who are authorized to carry out the entry, search, and seizure provisions of the Act.

Following the passage of COTPA in 2003, various rules implementing COTPA address smoke free policies or provide useful definitions.  These include G.S.R. 561(E) (defining the term “educational institutions” ); G.S.R. 417(E) (superseding the 2004 Rules and establishing new rules covering designated smoking areas, and enforcement obligations, authorities and penalties, among other items); and G.S.R. 680(E) (authorizing certain persons to collect fines for violations of smoke free rules).  The Railways Act, 1989 also regulates smoking on trains.

With regard to tobacco advertising, promotion and sponsorship, G.S.R. 345(E) amends the 2004 Rules by substituting new provisions on point of sale advertising and adding a definition of indirect advertising. G.S.R. 619(E) provides additional point of sale rules, and G.S.R. 786(E) establishes rules for television and film and print and outdoor media. G.S.R. 708(E) updates the rules for television and film. Additionally, the Cable Television Networks (Regulation) Act, 1995 (CTNA) and its 2009 implementing rules prohibit direct advertising of tobacco products on Indian cable networks, but permit the indirect advertising of such products under certain circumstances. A subsequent Ministry of Information and Broadcasting Directive, however, appears to prohibit indirect advertising of tobacco products until guidelines called for by the CTNA Rules are issued. Finally, Guidelines issued pursuant to Section 5B(2) of the Cinematograph Act of 1952, require the Central Board of Film Certification to ensure that certain types of smoking scenes do not appear in movies.

Packaging and labeling provisions are included in several implementing rules enacted following COTPA’s passage in 2003. G.S.R. 182(E) (Packaging and Labeling Rules of 2008) contains certain definitions and establishes the components (i.e., content, size, rotation, etc.) of the health warnings, but various provisions in subsequent rules replace certain language in the 2008 regulations. For example, G.S.R. 693(E) requires that health warnings be printed on external packaging such as cartons. G.S.R. 2814(E) and G.S.R. 570(E) address the language(s) in which the health warnings must appear. G.S.R. 570(E) also addresses the components of health warnings. G.S.R. 305(E) updates the definition of “package” and the location of the health warning, deleting the requirement that the warning be located on both sides of box and pouch type packs. G.S.R. 985(E) changes the rotation period of the health warnings from one year to two years and re-establishes the graphic health warnings published in G.S.R. 182(E). (G.S.R. 985(E) caused the diseased lungs and scorpion health warnings to continue in effect instead of new health warnings which were supposed to come into force in December 2010.) G.S.R. 417(E) establishes new graphic health warnings, which went into effect on December 1, 2011. The next round of graphic health warnings was issued in G.S.R. 724(E), which went into effect on April 1, 2013. Provisions prohibiting misleading descriptors and obscuring the health warnings on the package remain in G.S.R. 182(E) unaltered.

Review Status

This country’s legal measures were collaboratively reviewed by an in-country lawyer and our legal staff.

Last updated: August 19th 2013
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