SC upbraids Centre for 'conniving with tobacco industry'

Directs it to effectively implement rules that severely restrict advertisement, promotion and sponsorship of tobacco products
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Taking serious note of tobacco-related problems, the Supreme Court on Monday castigated the government for “conniving with the tobacco industry to circumvent guidelines for advertisement on tobacco products”. While setting aside a Bombay High court order, the apex court directed the Central government to effectively implement the Point of Sales Rules, which essentially limit all forms of advertisement (direct or indirect), promotion and sponsorship of tobacco products. 

The Bombay High Court, in an interim order passed in 2006, had stayed the implementation of the advertisement clause of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Rules of 2005. The rules were notified in 2005, but could not be implemented because of the stay.

Aggrieved by the blatant violations across the country by the tobacco industry under the protection of the Bombay High Court stay order, non-profit organisation Health for Millions Trust filed an appeal in the Supreme Court, seeking vacation of the stay order. The apex court stayed the high court order on January 3 this year.

Tobacco Point of Sales Rules
 
  •    Restrict content and size and manner of point of sale advertisements
  • Disallow surrogate advertising of tobacco products; ‘indirect advertising’ has been defined as:the use of a name or brand of tobacco products for marketing, promoting or advertising other goods, services and events
  • Prescribe use of particular colours and layout and/or presentation those associated with particular tobacco products
  • Spell out use of tobacco products and smoking situations when advertising other goods and services.
 

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