Supreme Court refuses to stay new rules on tobacco

New Delhi: The Supreme Court on Monday declined to stay at this stage the new Cigarettes and other Tobacco Products (Packaging and Labeling) Second Amendment Rules, 2018 from September 1, which mandates more than 40 per cent display of warning in cigarette packets.

The Amendment Rules stipulate two images depicting the manifestation of cancer, as specified health warning, to appear on the package consecutively during the rotation period, with an interregnum period of 12 months. It also stipulates the manufacturers to display on tobacco products from September 1 photo of a person’s throat with a hole accompanied with the text “ smoking causes throat cancer.”

When senior counsel Mukul Rohatgi pleaded for stay of the notification, the Chief Justice, heading a three-judge bench said, “People are suffering from Oral cancer. The government is only informing the dangers of tobacco with the new photo. “ Justice DY Chandrachud, one of the Judges on the Bench (Justice A.M. Kanwilkar is the third judge) asked the counsel, “What is wrong with the government’s move changing the photograph on tobacco products?”

Mr Rohagi submitted then close the tobacco business. Close alcohol and sugar business. “I have right to do my business. How can the Government come up- with a new regulation when the case is pending in SC?” But the CJI said there was nothing wrong in the government informing about those using tobacco products, which may cause oral cancer.

Mr. Rohatgi countered saying, “There has to be a freedom of choice. If I wish to have a drink, I should be able to…otherwise why isn’t all business closed? Alcohol, sugar, chocolate, everything should be closed.”

On January 8, the apex Court had stayed a Karnataka High Court judgment quashing a central government notification that mandated printing of health warnings covering 85% of principal display area of the cigarette packs.

According to the Centre and other petitioners the High Court has quashed the operation, implementation and effect of the Cigarettes and other Tobacco Products (Packaging and Labeling) Amendment Rules, 2014 framed under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

The AG had submitted that the implementation of Regulations mandating 85% pictorial warning on both sides of Tobacco products was a culmination of an extremely long, cumbersome and excruciating fight by public heath activists, people whose life and family had been ruined by Tobacco, against the mighty Tobacco industry.

Mr. Venugopal added that the apex Court has played a pivotal role in this extremely important journey, which saw complete ban of advertising of tobacco products, from the time that tobacco industry used to be at the forefront of all glitzy advertising and sponsorship of mega events to attract the youth.

The petitioners supporting the government said Graphic pictorial warnings which occupy 85% of the package on both sides will assist not only the existing consumers of tobacco products to understand the grave health risks involved but will also dissuade the younger generation from becoming tobacco addicts. The Bench directed the matter to be listed for further hearing in the first week of August.

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