TOBACCO CONTROL LAWS

Ruma Kaushik v. Union of India

A public interest lawsuit was filed against the Government of India seeking the issuance of pictorial health warnings on tobacco products, as required by India's omnibus tobacco control law. The court ordered the government to either submit the prototypes of specific warnings or to appear before the court indicating why it should not initiate contempt of court proceedings against the government based on the lengthy delay in developing the warning labels. Subsequent to the decision, the government issued a notification providing for health warnings.

Ruma Kaushik v. Union of India, CPW No. 1223/2004, High Court of Himachal Pradesh (2006).

  • India
  • Jun 7, 2006
  • High Court of Himachal Pradesh
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Parties

Plaintiff Ruma Kaushik

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

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

Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Sanction / Reprimand
Courts may sanction or reprimand parties for especially egregious behavior during court proceedings.

Type of Tobacco Product

None

"We feel that for almost two years now the respondents are trying to avoid the issue on one pretext or the other. We wish to ascertain the bonafide of the respondents and also to find out as to why they are taking the Court's directions lightly in this matter of vital public importance. Is it that the respondents for extraneous reasons are trying to protect the business or commercial interests of some people at the cost of public interest? We hope not."
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