Health for Millions v. Union of India

The tobacco industry challenged rules implementing the advertising provisions of India's tobacco control law, particularly the restrictions on advertising at the point-of-sale and the definition of indirect advertising.  In 2005 and 2006, the Bombay High Court ordered that implementation of the rules be stayed.  Health for Millions, an NGO, challenged this decision, and, in July 2013, the Supreme Court of India found that there was not a sufficient reason for the earlier decisions staying the rules.  The Court ordered the government to rigorously implement India's Tobacco Control Law and its rules.  The legality of the rules, however, still is at issue in the Bombay High Court.

Health for Millions v. Union of India & Ors., Nos. 5912-5913/2013, SLP(C) Nos. 413-414/2013, Supreme Court of India (2013).

  • India
  • Jul 22, 2013
  • Supreme Court of India, Civil Appellate Jurisdiction

Parties

Plaintiff Health for Millions

Defendant Union of India & Ors.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"Since the matter is pending adjudication before the High Court, we do not want to express any opinion on the merits and demerits of the writ petitioner's challenge to the constitutional validity of the 2003 Act and the 2004 Rules as amended in 2005 but have no hesitation in holding that the High Court was not at all justified in passing the impugned orders ignoring the well-settled proposition of law that in matters involving challenge to the constitutionality of any legislation enacted by the Legislature and the rules framed thereunder the Courts should be extremely loath to pass an interim order."