Advertisement of Tobacco Products

Under the law, it is illegal(( Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)) for you to advertise(( Section 3(a), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)), through any medium (including visual, auditory, etc.), any cigarettes or other tobacco products. You cannot authorize advertisement of tobacco products for money.

Prohibition of Advertisement

Specifically, the following activities are illegal(( Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

• Display or permit the display of, in any manner, an advertisement of any tobacco product.
• Sell or permit the sale of, in any manner, any film/video which advertises any tobacco product.
• Distribute or permit the distribution of, in any manner, any leaflet or similar material which advertises any tobacco product.(( Section 5(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))
• Exhibit, in any manner, on any structure, land or vehicle the advertisement of any tobacco product.
• Promotion of any brand name of cigarettes or any tobacco products in exchange for money, gifts, etc.(( Section 5(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Permission for Advertisements

The advertisement of tobacco products is permitted with respect to(( Section 5(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

• A package containing cigarettes and other tobacco products.
• A shop/warehouse where cigarettes and other tobacco products are offered for distribution or sale.

However, certain specifications must be followed while advertising tobacco products at shops/warehouses where such products are sold. Some of these are((Section 2(b), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2006.)):

• The board used to advertise must not be bigger than 60 cm by 45 cm.
• The board must feature one of the following warnings at the top, measuring 20 cm by 15 cm:
  • Tobacco causes cancer, or
  • Tobacco kills
• No promotion of any specific brand can be done.

Punishment for Advertisement

If you violate any of the rules described here, the punishment is jail time of up to 2 years and/or a fine of up to Rs. 1000. However, on every subsequent offence, the punishment is jail time of up to 5 years and a fine of up to Rs. 5,000(( Section 22, the Cigarettes and Other Tobacco Products Act, 2003.)).