The Union of India and Health For Millions filed an interim application seeking vacation of the High Court’s December 4, 2015 stay (and January 6, 2016 modification) of a 2014 Ministry of Health notification establishing pack warnings on 85% of both sides of tobacco product packaging. They alleged that a May 2009 Supreme Court order in a pack warnings matter (W.P. 549/2008) still pending before the Supreme Court directed that no court in India may pass orders inconsistent with the May 2009 order and that this May order was not considered in the High Court’s December 4, 2015 ruling. The Karnataka Beedi Association and others maintained that the May 2009 Supreme Court order pertains to implementation of the 2008 pack warning rules and not the October 2014 rules. They argued that the order thus cannot be relied upon in this matter. Noting, among other things, that Health For Millions has filed an application for rigorous enforcement of the 2014 rules in W.P. 549/2008, the court observed that the May 2009 Supreme Court order is applicable to the writ petitions in the Karnataka High Court as issues relating to both the 2008 and 2014 rules are before the Supreme Court. For this reason, the court held that the December 4, 2015 stay of the 2014 pack warnings rules must be lifted.
Tobacco Institute of India et al., W.P. 4470/2015, 56789/2014,59460/2014,59587/2014, High Court of Karnataka at Bengaluru (2016).
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.
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)
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"In my considered view, the directions issued by the Honble Supreme Court is clear and cogent. No Court in the country can pass any order except the Honble Supreme Court. It is the Honble Supreme Court alone which could pass any orders and not any other Court. It is not open to distinguish the direction issued by the Honble Supreme Court. It would amount to nothing short of disobeying the direction. It would amount to passing orders which would run contrary to the directions of the Honble Supreme Court. It is for this reason alone that the interim order dated 04.12.2015, requires to be vacated."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The Union of India and Health For Millions filed an interim application seeking vacation of the High Court’s December 4, 2015 stay (and January 6, 2016 modification) of a 2014 Ministry of Health notification establishing pack warnings on 85% of both sides of tobacco product packaging. They alleged that a May 2009 Supreme Court order in a pack warnings matter (W.P. 549/2008) still pending before the Supreme Court directed that no court in India may pass orders inconsistent with the May 2009 order and that this May order was not considered in the High Court’s December 4, 2015 ruling. The Karnataka Beedi Association and others maintained that the May 2009 Supreme Court order pertains to implementation of the 2008 pack warning rules and not the October 2014 rules. They argued that the order thus cannot be relied upon in this matter. Noting, among other things, that Health For Millions has filed an application for rigorous enforcement of the 2014 rules in W.P. 549/2008, the court observed that the May 2009 Supreme Court order is applicable to the writ petitions in the Karnataka High Court as issues relating to both the 2008 and 2014 rules are before the Supreme Court. For this reason, the court held that the December 4, 2015 stay of the 2014 pack warnings rules must be lifted.