TOBACCO CONTROL LAWS

Aunestraja v. State of Tamil Nadu

The petitioner was arrested for possessing packets of “Cool Lip,” a tobacco pouch or snus consumed by placing the pouch between the cheek and the gum.  The petitioner filed for a bail plea to be released from custody and the Madras High Court issued this order in response. 

The Court found that there was a sudden increase in children using Cool Lip and it has a debilitating effect on children’s health and behavior.  Further, although the product is banned in Tamil Nadu, it was being smuggled in from bordering states.

To advance public health and protect children, the Court issued detailed instructions to the State and Central Governments, including:

  • Arresting offenders who sell tobacco products near schools
  • Implementing Tobacco Free Education Institution Guidelines
  • Forming a Tobacco Monitoring Committee in every school
  • Creating a toll-free number, application, or website to report the sale of tobacco pouches or snus
  • Using the Food Safety and Standards Act, 2006 to address tobacco pouches and snus
  • Implementing the Tamil Nadu Prohibition on Smoking and Spitting Act, 2003, a State-specific law that is more comprehensive than COTPA.

Aunestraja v. State of Tamil Nadu & Ors (CRL OP(MD) No.14942 of 2024)

  • India
  • Oct 30, 2024
  • Madras High Court (Madurai Bench)
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Parties

Plaintiff Aunestraja

Defendant

  • State of Tamil Nadu
  • Union of India, Ministry of Health & Family Welfare
  • The Secretary to Government, School Education Department
  • The Commissioner of Food Safety and Drug Administration in Tamil Nadu
  • Tejram Dharam Paul Pvt. Ltd.
  • Vidharath Industries Pvt. Ltd.
  • VRG Products Pvt. Ltd.

Legislation Cited

Ministry of Health and Family Welfare Notification G.S.R. 592(E), July 21, 2022

Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No. 2 of 2016)

Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011

Ministry of Health and Family Welfare Notification G.S.R. 619(E), August 11, 2011

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

Food Safety and Standards Act, 2006

Constitution of India

Tamil Nadu Prohibition of Smoking and Spitting Act, 2003

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

Tobacco Control Topics

Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Criminal Violation
A claim of an infringement of any criminal law.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

Smokeless tobacco products
Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products.
"Extreme emergency looms. There is a sudden spurt of children using Tobacco product more specifically a product named Cool Lip. Huge quantity of tobacco products are seized in State of Tamilnadu especially in and around the schools. Decision has to be made by this Court in at least 10 cases per day relating to grant of bail in these type of matters. This Court also exercises the jurisdiction under Section 482 of the Code of Criminal Procedure and under Article 226 of the Constitution of India with reference to Criminal matters. Repeatedly questions of addiction of school children to tobacco products arise. Since, percolation from other [neighbouring] states where the products are permitted to be sold is alleged, it required detailed consideration. This case is also one."
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