TOBACCO CONTROL LAWS

Health for Millions v. Union of India & Ors.

Health for Millions sought to implement the Packaging and Labelling Rules of 2008 (G.S.R. 182) after they were initially challenged in the Madras High Court.  Those High Court cases became moot when, in this order, the Supreme Court recognized the government's resolve to not further extend the implementation date "under any circumstances."  The Court also directed that "no Court in the country shall pass any order, which is inconsistent with this order."

Health for Millions v. Union of India & Ors., WP (Civil) No. 549/2008, Supreme Court of India (2009).

  • India
  • May 6, 2009
  • Supreme Court of India
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Parties

Plaintiff Health for Millions

Defendant Union of India

Legislation Cited

Related Documents

None

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)

Substantive Issues

None

Type of Tobacco Product

None

"Mr. Gopal Subramaniam, learned Additional Solicitor General appearing on behalf of the Union of India made a statement at the Bar that Government of India undertakes to implement Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008, with effect from 31st May, 2009, and enforcement thereof shall not be further extended under any circumstances."
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