Packaging and Warning Labels on Tobacco Products

Packaging of Tobacco Products

Under the law, every package of cigarettes, or any other tobacco product, must contain the following details(( Section a(iv), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014.)):

• Name of the product
• Name and address of the manufacturer, importer or packer
• Origin of the product (in case of import)
• Quantity of the product
• Date of manufacture

More details may be added to this list by the government from time to time.

Warning Labels on Tobacco Products

It is mandatory for every package of cigarettes, or any other tobacco product, has a health warning(( Section 3(a), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008.)). Such a warning must follow certain specifications, such as:

• For both smoking and smokeless forms of tobacco products, the warning “TOBACCO CAUSES PAINFUL DEATH” and the words “QUIT TODAY CALL 1800-11-2356” should be printed on the package(( Section b(i), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2020.)). This is enforceable from September, 2020.
• The warning should cover at least 85 percent of the largest side of the package, 60 percent being the picture and 25 percent being the text.(( Section 2(i), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014.))
• The ill-effects of tobacco on health are pictorially represented below the warning. For example, a picture of mouth cancer.(( Schedule 1(2), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008))
• The warning should appear in English, Hindi and any other regional languages.(( Section b(iii), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2020.))

Selling Tobacco without Warning Label

If you produce or sell tobacco products without the required warnings, you may be punished in the following manner:

• In case of production, you may face jail time of up to 2 years and/or a fine of up to Rs. 5,000 on the first offence. On every subsequent offence, you may face jail time of up to 5 years and a fine of Rs. 10,000.(( Section 20(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))
• In case of sale, you may face jail time of up to 1 year, and/or a fine of up to Rs.1,000, on the first offence. On every subsequent offence, you may face jail time of up to 2 years and a fine of up to Rs. 3,000.(( Section 20(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))