TOBACCO CONTROL LAWS

A. Sherfudeen v. Ministry of Health and Family Welfare

Mr. Sherfudeen seeks a court order directing the Ministry of Health and Family Welfare (MOHFW) to bring into effect Section 7(5) of India's omnibus tobacco control law, COTPA, that requires the display on tobacco product packaging of tar and nicotine contents and the maximum permissible limits. The court highlighted a 2010 MOHFW affidavit which indicated that the Ministry was receiving input from the World Health Organization and the U.S. Centers for Disease Control and Prevention regarding the establishment of laboratories to undertake tar and nicotine testing. The court noted, however, that the government submitted this affidavit six years ago. The court dismissed Mr. Sherfudeen's petition, but required that the government file a new affidavit regarding its progress.

A. Sherfudeen v. Ministry of Health and Family Welfare, W.P. No. 8617 of 2009, M.P. No. 1 of 2009, High Court of Judicature, Madras (2016).

  • India
  • Aug 1, 2016
  • High Court of Judicature, Madras
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Parties

Plaintiff A. Sherfudeen

Defendant Ministry of Health and Family Welfare

Legislation Cited

Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

Substantive Issues

None

Type of Tobacco Product

None

"Thus, the Central Government itself admits to be actively engaged in the process of building the necessary infrastructure for detection of tar and nicotine contents. This affidavit was affirmed on 15.04.2010, i.e. more than six years ago. We are quite sure that by now necessary infrastructure would have been built over these periods of six years...We would, thus, like to know the stage of the capacity building and as to when do they propose to notify those provisions."
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