TOBACCO CONTROL LAWS

Naya Bans Sarv Vyapar Association v. Union of India

An association of tobacco wholesalers challenged a provision of India's omnibus tobacco control law that prohibits the sale tobacco products within 100 yards of a school. An earlier judgment ruled that the law applied to wholesale as well as retail tobacco sales and allowed the association to conduct its wholesale business within 100 yards of a school only after 2 pm. This decision modified the earlier order by changing the time that the association is allowed to conduct business to after 4 pm. 

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Naya Bans Sarv Vyapar Association v. Union of India, 39271-39272/2012, Supreme Court of India (2014).

  • India
  • Nov 11, 2014
  • Supreme Court of India
View Case History

Parties

Plaintiff Naya Bans Sarv Vyapar Association

Defendant Union of India

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

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

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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