Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
COMMENTS: The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (Act No. 34 of 2003) (COTPA) is the principal law governing tobacco control in India. COTPA is comprehensive, covering topics including, but not limited to: definitions of key terms; restrictions on smoking in public places; advertising, promotion and sponsorship; sales to minors; packaging and labeling; and enforcement and penalties. The Act does not apply to tobacco products which are to be exported. The law available here is in English only.
The first provisions of COTPA entered into force on May 1, 2004. These provisions included Sections 1-5, 6(a), 12(1)(b), 12(2), 13(1)(b), 13(2), 14, 16, 19, 21-31. Sections 7(1)-(4), 8, 9, 10, and 20 took effect on December 1, 2007. Sections 12(1)(a), 13(1)(a), 15, 17, 18, 32, and 33 took effect on July 30, 2009. The Central Government issued rules pursuant to authority conferred under COTPA Section 6(b) regarding the sale of cigarettes around educational institutions, taking effect on September 18, 2009. The government has yet to notify two sections - Sections 7(5) (mandatory display of nicotine and tar contents) and 11 (regulation of tar and nicotine content).