Theme: Smoking

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.)).

Under the law, it is the responsibility of the owners/managers of public places, such workplaces, shopping malls, etc., to ensure no one smokes in that public place(( Section 3(1)(a), the Prohibition of Smoking in Public Places Rules, 2008.[↩])). Specifically, the owner of the public place must ensure that:

• A board is displayed(( Section 3(1)(b), the Prohibition of Smoking in Public Places Rules, 2008.)) at all entrances, floors, stairwells and conspicuous places that clearly states “No Smoking – Smoking Here Is An Offence”. The kind of board required has certain specifications((Schedule II, the prohibition of Smoking in Public Places Rules, 2008.)). For example, it must be 60 cm by 30 cm, with a white background. This should also include a depiction of a cigarette/bidi and a cross mark over it.
• No ashtrays, lighters, or any other object that aids smoking is provided in the public place(( Section 3(1)(c), the Prohibition of Smoking in Public Places Rules, 2008.)).
• The name of the person to whom a complaint may be made for a violation of these rules is displayed prominently in a public place(( Section 3(2), the Prohibition of Smoking in Public Places Rules, 2008.))

If the owner/manager of the public place ignores the reported violation, this means that the owner of the public place will be bound to pay the cumulative fine that equals the number of offences committed.(( Section 3(3), the Prohibition of Smoking in Public Places Rules, 2008.))

Under the law, certain public places, such as airports, workplaces, etc., may have a room for smoking any tobacco product within their premises. These smoking rooms must abide by the following specifications(( Section 2(e), the Prohibition of Smoking in Public Places Rules, 2008.):

• The room is physically separate and walled on all four sides
• The entrance must have an automatically closing door
• Has negative air pressure (a technique often used to prevent cross-contamination between rooms) when compared with the rest of the building
• Has an airflow system. This must allow the air to flow outside and not mix with other parts of the building, among other specifications(( Schedule I, the Prohibition of Smoking in Public Places Rules, 2008))
• A board should be displayed at the entrance of at least 60 cm × 30 cm which states (in English and one Indian language) that “tobacco smoking is harmful to your health and the health of non-smokers” and the “entry of persons below the age of eighteen years is prohibited.”(( Section 2, the Prohibition of Smoking in Public Places (Amendment) Rules, 2017))

In addition, depending on the kind of establishment, more rules may apply for the smoking area. For example(( Section 4(2), the Prohibition of Smoking in Public Places Rules, 2008.)), for airports and restaurants with capacity to seat at least 30 persons, the smoking room cannot be at the entrance or the exit.

 

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.))

 

An electronic cigarette, or e-cigarette, refers to an electronic device that heats any substance (regardless of whether it has nicotine or any flavour) to create an aerosol that can be inhaled.

E-cigarettes used to be unregulated in India till 2019. However, they were later declared illegal.

Under the law, the following is banned:

Production/manufacture of e-cigarettes

It is illegal for you to produce or manufacture e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year and/or a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Import/export/transport of e-cigarettes

It is illegal for you to export, import or transport e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019)) If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Sale/distribution of e-cigarettes

It is illegal for you to sell or distribute e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Advertisement of e-cigarettes

It is illegal for you to advertise e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Storage of e-cigarettes

You may not allow any of your property to be used for storage of e-cigarettes. If any property that you own is being used as storage of e-cigarettes, you must make a list of the stock. Thereafter, you must submit it to the nearest police station to a police officer who is at least a sub-inspector(( Section 5, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 6 months and/or a fine of up to Rs. 50,000.(( Section 8, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Read more on cigarettes and tobacco products here.

 

If you violate any of the rules under the law(( The Cigarettes and Other Tobacco Products Act, 2003.)) on cigarettes and tobacco products, you may face punishment in terms of being imprisoned, paying fines, etc.

Decision by the Court

The appellate court will take into account additional evidence, if any and give an opportunity to hear you out. Then the Court will pass a decision, a decision which is final. This means that you can appeal only once under this law.(( Section 19(3), the Cigarettes and Other Tobacco Products Act, 2003.))

Appeal

You can also appeal the decision given by the court(( Section 19(1), the Cigarettes and Other Tobacco Products Act, 2003.)). Please note that the fine amount cannot be increased during appeal unless you have been heard in person or by a representative defending you.(( Section 19(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))