SC to hear tobacco industry’s case as govt insists on warning ads

The Supreme Court on Friday said it will next week start hearing petitions filed by the tobacco industry against the government's new requirement that tobacco and cigarette packs prominently display a warning against their use, even as the government insisted that industry follow the new guidelines.

The $11-billion tobacco industry is aghast at the government directive to display a warning against tobacco use on at least 85 per cent area of the packs, which, it claims would only hinder sales.

The Supreme Court is also expected to review other similar cases filed in recent years next week.

Meanwhile, the tobacco stir has spread to retailers selling tobacco products such as paan, bidi, cigarette etc. They also alleged the new rule would only spur the trade of smuggled and counterfeit tobacco products in the country.

The traders' body in UP has even demanded an investigation into the alleged 'motives' behind the new rule mandating implementing of 85 per cent graphic health warning on tobacco products.

They demanded an immediate rollback of the order in the larger interests of over 45 million people dependent on tobacco industry for their livelihood. At present, the cigarette packets have to carry 40 per cent graphic health warning in India.

The government, on the other hand, has taken a stern view of tobacco companies' non-compliance with the anti-tobacco law. The centre has in writing asked the cigarette makers to implement large pictorial warnings that came into effect from 1 April.

In a letter to Tobacco Institute of India, the conglomerate of all top cigarette manufacturers of the country, the Health Ministry has categorically denied suggestions that there is ambiguity about the new anti-tobacco rules that mandate larger pictorial warnings on cigarette and bidi packages.

The ministry has asked the institute to implement in letter and spirit the new rules requiring anti-tobacco pictorial warnings on 85 per cent of the principal display area on both sides of the tobacco packages.

The letter written by RS Negi, under secretary in the health ministry, to Tobacco Institute of India director Mahmood Ahmad says, ''There is no confusion or ambiguity about the rules notified on October 15, 2014 and notified on September 24, 2015 specifying the date of enforcement as April 1, 2016. It is requested that the necessary steps are taken to ensure that rules notified are implemented in letter and spirit.''