S. Suresh v. Union of India

S. Suresh, a media consultant for the Tobacco Free Kerala Campaign, seeks implementation of the Rules relating to point of sale advertising framed under COTPA Section 5.  The court disposed of the matter, reserving Mr. Suresh's rights to file a new case that contained specific instances of violations of the Rules.  

S. Suresh v. Union of India, W.P(C).No.22096 of 2012, High Court of Kerala (2019).

  • India
  • Feb 5, 2019
  • High Court of Kerala at Ernakulam
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Parties

Plaintiff S. Suresh

Defendant Union of India

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"It is stated that the petitioner's media consultancy is part of the “Tobacco Free Kerala Campaign”, and in the writ petition, the petitioner essentially seeks a strict implementation of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Rules, 2005, G.S.R.No.345(E) dated 31.5.2005. The writ petition that was filed in the year 2012 refers to Ext.P8 study that was conducted and published in 2008, to suggest that the provisions of the 2005 Rules, referred above, have not been implemented by the statutory authorities entrusted with the Regulation of Trade in Tobacco products. ... In the absence of any specific instance of violation of the provisions of the Rules, this Court also would not be in a position to assume that the provisions of the existing Rules are not being implemented by the statutory authorities concerned."