“We have referred to Article 11 of WHO FCTC and the Guidelines issued for its implementation, to highlight the established practice followed for issuing large size warnings of carcinogenic products to ensure effective communication of the health risks to the consumers. In the case of tobacco products as noted above the Government has elected to prescribe a warning size of 85% on the package and has, therefore, recognised that large size warnings are necessary for communicating the health risks to the consumer. In contrast, the Food Authority has prescribed a warning size of 50% on the Pan Masala packet and the prescription of this size is not disproportionate and is in fact, appropriate considering the object sought to be achieved by the Regulator and for instructive purposes. . . .”
Dharampal v. Union of India
Dharampal Satyapal Ltd. v. Union of India, W.P.(C) 4470/2023 & CM APPL. 17145/2023 (2024)
- India
- Jul 9, 2024
- High Court of Delhi
Petitioners manufacture pan masala (a form of smokeless tobacco) and challenged regulations that increased health warnings on the front of pan masala packages to 50% from 3 mm. The Petitioners argued that there was no scientific reason to justify the increase in the health warnings. The Petitioners also alleged that the increased warnings violated their right to display their trademarks on packages. The Respondent argued that the increase in the health warning was crucial for protecting public health and informing the public of the risk associated with the product, including oral cancer. The court relied on the WHO FCTC and the Article 11 Guidelines for Implementation in dismissing the petition and upholding the regulations in the interest of public health.