Health for Millions v. India
India passed The Cigarettes and Other Tobacco Products Act (COTPA) in 2003, before becoming a party to the FCTC. In 2005, the Ministry of Health and Family Welfare exercised the powers granted to it by COTPA by promulgating rules on tobacco advertising. These rules included restrictions on advertising allowed at point-of-sale, such as requiring a health warning, limiting the size of the advertising, and prohibiting lighting or pack images. The rules also included a definition of indirect advertising. The tobacco industry challenged the Rules in Mumbai High Court, and the Court issued an interim order staying the implementation of the Rules.
NGOs, including Health for Millions, filed a petition before the Supreme Court and in one High Court on this matter. On January 4, 2013, the Supreme Court stayed the Mumbai Court’s 2005 interim order that prevented implementation of the Rules.