The Union government on Thursday informed the Kerala High Court that mandating cigarette manufacturers to disclose the numerical nicotine and tar content on cigarette packets without first prescribing statutory maximum permissible limits could mislead consumers and dilute the public health objective underlying the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.
The submission was made by Deputy Solicitor General of India OM Shalina before the Division Bench of Chief Justice Soumen Sen and Justice VM Syam Kumar, which is hearing a public interest litigation seeking implementation of the proviso to Section 7(5) of COTPA. The petition raised the issue of the Centre’s failure to notify the statutory provision requiring disclosure of nicotine and tar content together with the prescribed maximum permissible limits.
The DSG submitted that the Union government has maintained its earlier policy decision and filed an additional affidavit reiterating that disclosure of the actual numerical values of nicotine and tar is not considered an appropriate public health measure. According to the government, consumers may compare tobacco products based on these figures and incorrectly assume that cigarettes containing lower nicotine or tar levels are comparatively safer.
In the absence of scientifically prescribed maximum permissible limits, such disclosures could create a misleading impression regarding the relative harmfulness of tobacco products, it pointed out.
The Centre further contended that the statutory pictorial health warnings and cautionary messages mandated under COTPA sufficiently communicate that the use of all tobacco products is injurious to health. It maintained that every cigarette is inherently harmful irrespective of the numerical nicotine or tar content and that mandatory disclosure of such values may weaken the effectiveness of the existing public health warnings.
The public interest litigation has been filed by Kochi residents seeking enforcement of the proviso to Section 7(5) of COTPA. The petitioners contend that although Parliament has enacted the provision requiring cigarette packets to display nicotine and tar content along with the prescribed maximum permissible limits, the provision has remained inoperative because the Central government has not issued the requisite notification prescribing those limits. They have also sought strict implementation of anti-smoking measures, including directions to verify the age of purchasers before the sale of tobacco products and the removal of cigarette advertisements.
During the hearing, the Division Bench observed that consumers generally purchase cigarettes based on brand preference rather than nicotine or tar content. The Court also noted that several cigarette manufacturers already voluntarily disclose nicotine and tar levels on their packaging. At the same time, the Bench indicated that the question of prescribing permissible limits and notifying the statutory provision falls within the policy domain of the Central government.
The state government had earlier informed the Court that, since the relevant provision has not been notified by the Centre, the State authorities lack the statutory basis to initiate enforcement action solely on the ground that cigarette packets do not disclose nicotine and tar content.
The High Court has adjourned the matter for further hearing and will examine whether the Central government is required to notify the proviso to Section 7(5) of COTPA by prescribing maximum permissible limits for nicotine and tar in cigarettes and other tobacco products.
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