The Ministry of Health and Family Welfare notified new sets of specified health warnings for all tobacco product packs by making an amendment in the Cigarettes and other Tobacco Products (Packaging and Labeling) Rules, 2008 vide GSR 331(E) dated 3rd April 2018“Cigarettes and other Tobacco Products (Packaging and Labeling) Second Amendment Rules, 2018”. The amended Rules are applicable w.e.f. 1st September 2018.

Two images were notified vide the above notification with a clause that date of coming into effect of the second image (image 2) of specified healthwarning, shall be for all tobacco products manufactured or imported after the completion of twelve months from the date of commencement of first image (image 1).

Image-1 of the said notification came into effect from 1st September, 2018 and as such all tobacco products manufactured or packaged or imported on or after 1st September, 2019 shall display Image-2.

Telephone Quit-line number “QUIT TODAY CALL 1800-11-2356” is also the part of the health warning. This helps in creating awareness among tobacco users, and gives them access to counseling services to effect behavior change. There shall be one common specified health warning for both smoking and smokeless forms of tobacco products.

The toll free Tobacco Quit-line Services [1800-11-2356] provides counseling and strategies for quitting tobacco use. As per the recent second round of Global Adult Tobacco Survey [GATS -2, 2016-17] conducted in the age group 15 years and above, 61.9% of current cigarette smokers, 53.8% of current bidi smokers and 46.2% of current smokeless tobacco users thought about quitting because of warning label on packets of cigarette, bidi and smokeless tobacco.

The state level consultation workshop on tobacco control was held on World No Tobacco Day – 31st May, 2019. The workshop was jointly organised by VHAI and Government of Telangana- Commissionerate of Health & Family Welfare in Hyderabad.

The key stakeholders in the meeting were-

• Hon’ble Minister for Medical, Health and Family Welfare
• Commissioner, Health & Family Welfare
• Commissioner of Police of Hyderabad City
• Additional DGP, Additional commissioner (GHMC)
• Senior officials from Health, Police, Education, FSSAI department,
• District medical officers
• Officials from Apollo Hospital, WHO consultants, IDA, and other NGOs

Key Objectives-

• To discuss status of tobacco consumption, its effects,
• To discuss status of COTPA regulations in the state
• To work towards department wise roadmap for Smoke Free Hyderabad and Tobacco Free Telangana.

Key highlights –

1. Hon’ble Minister for Medical, Health and Family Welfare showed his concern on persisting tobacco problem and growing vulnerability among school children vis a vis tobacco consumption. Inspite of the large warnings on cigarette packets, the problem persists in our country for which serious actions and effective implementation of laws are required by the State government.  His speech clearly demonstrated Government’s strong commitment towards Tobacco Free Telangana.
2. Commissioner, Health & Family Welfare announced VHAI as technical partner in implementing tobacco control initiatives inTelangana. She showed her concern on high percentage of adults exposed to second hand smoking at work place (31%) and public place inTelangana (24%) which is need of the hour and most vulnerable target group is youth, which is attracted by tobacco industries by various methods.  As a short-term recommendation plan, she emphasised that it is necessary to act on low hanging fruits by implementing COTPA in the state, by having appropriate signages and further move towards community awareness with special attention to youth and adult groups.

2. Commissioner of Police, Hyderabad City considered this initiative as an opportunity to make Hyderabad City Smoke Free and show case it as a role model for the country. He assured that Smoke Free Hyderabad/ Tobacco Free Telangana will be prioritized as a mission by Police Department.

Media Coverage

The Union Health Ministry banned the sale of e-cigarettes in India. In an advisory to all the states and union territories, it has asked them to see to it that their sale is stopped.
Since health is a state subject, the Union ministry had to issue an advisory. “The States/Union Territories are advised, in larger public health interest and in order to prevent the initiation of ENDS by non-smokers and youth with special attention to vulnerable groups, to ensure that any Electronic Nicotine Delivery Systems (ENDS) including e-Cigarettes, Heat-Not-Burn devices, Vape, e-Sheesha, e-Nicotine Flavoured Hookah, and the like devices that enable nicotine delivery are not sold (including online sale), manufactured, distributed, traded, imported and advertised in their jurisdiction,” the advisory read.

Citing health concerns, the ministry said that the ENDS are particularly harmful for children, adolescents, pregnant women and women of reproductive age. In a detailed advisory, the ministry said that ENDS aerosol contains nicotine, the addictive component of tobacco products. “In addition to creating dependence, nicotine can have adverse effects on the development of the foetus during pregnancy. It may contribute to cardiovascular disease to the people who use ENDS. Also, nicotine may function as a “tumour promoter” and seems to be involved in the biology of malignant diseases,” the advisory adds.

A number of metals, including lead, chromium, and nickel, and chemicals like formaldehyde have been found in aerosols of some ENDS, with concentrations equal to or greater than traditional cigarettes, under normal experimental conditions of use, according to the advisory.

The ministry’s advisory came a week after Delhi High Court ordered it to take regulatory measures to control the sale of e-cigarettes. “Let an affidavit be filed within a week indicating by what time regulatory measures would be brought into place and enforce it in letter and spirit. In case we are not satisfied with the response given by the Secretary, we may consider to take coercive action against the Department,” read the order passed by bench of Chief Justice Rajendra Menon and Justice V Kameshwar Rao on August 21, 2018.

According to globaldata.com, India’s e-cigarette market was poised to grow at a compound annual growth rate of 34 per cent from Rs 4.1 billion in 2017 to Rs 7.4 billion in 2019.

Tobacco products would continue to carry pictorial warning covering 85 per cent of the packaging space, the Supreme Court said.

The apex court, on January 8, had stayed the Karnataka High Court order quashing the 2014 government regulation that packets of tobacco products must carry pictorial warning covering 85 per cent of the packaging space. A bench comprising Chief Justice Dipak Misra and Justice A M Khanwilkar today made “absolute” its earlier interim order by which it had stayed the High Court order.
“Keeping in view the objects and reasons of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and the measures taken by the state, we think it appropriate to direct stay of operation of the judgement and order passed by the High Court of Karnataka,” it had said.
Earlier, the bench had said that it was unimpressed with the submissions of the Tobacco Institute of India (TII) that the interim stay would harm the fundamental right to do business of tobacco manufacturers.

Attorney General K K Venugopal, appearing for the Centre, had said that the high court judgement needed to be stayed and 85 per cent pictorial warning on packaging space of tobacco products be allowed to remain as a large section of the population is not educated. Life sans health is not worth living and chewing of tobacco or smoking of cigarettes or bidis, causes irretrievable hazard to health, he had said. It is the obligation of the state to make the people aware of the injurious nature of these indulgences, Venugopal had said. The high court, on December 15, last year had struck down the 2014 amendment rules that mandated pictorial health warnings to cover 85 per cent of packaging space of tobacco products, holding that they were unconstitutional as they violated fundamental rights like the right to equality and the right to trade.

The Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014 (COTPA) had come into effect from April 1, 2016.
The high court had, however, made it clear that the 40 per cent pictorial health warning rule, which existed prior to the amendment rules, would remain in force.
In May last year, the Supreme Court had transferred all petitions against the 85 per cent rule filed in various high courts to the Karnataka High Court and asked it to hear and dispose them of.

The Ministry of Health and Family Welfare has notified a new set of specified health warnings for all tobacco products — manufactured or imported or packaged on or after September 1 — to be displayed on the packets.
The images, details of the specified health warnings and the rules are available at www.mohfw.gov.in.

Punishable offence
“Any person engaged directly or indirectly in the production, supply, import or distribution of cigarettes or any tobacco products shall ensure that all tobacco product packages shall have the specified health warnings exactly as prescribed. Violation of the above mentioned provision is a punishable offence with imprisonment or fine as prescribed in Section 20 of the Cigarettes and Other Tobacco Products [Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution] Act, 2003,” noted a release issued by the Ministry.
The new set of specified health warning for all tobacco product packs has been brought in by making an amendment in the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008 vide GSR 331(E) dated April 3, 2018, “Cigarettes and other Tobacco Products [Packaging and Labelling] Second Amendment Rules, 2018”.
The amended rules will be applicable with effect from September 1, 2018. 

A person can be prosecuted for an act or omission constituting an offence under two different laws but cannot be sentenced twice for the same offence, the Supreme Court has said.
The court said Maharashtra Police can initiate criminal action under IPC for transportation, stocking and sale of ‘Gutka’ or Pan Masala, which are offences also punishable under the Food and Safety Standards (FSS) Act.

“Where an act or an omission constitutes an offence under two enactments, the offender may be prosecuted and punished under either or both enactments but shall not be liable to be punished twice for the same offence,” a bench of Justices S A Bobde and L Nageswara Rao said. 

The bench was hearing an appeal of the Maharashtra government challenging the Bombay High Court order which had said that a person can be held liable for offences of transportation, stocking and sale of Gutka or Pan Masala under the FSS Act and not the Indian Penal Code (IPC).

“A perusal of the provisions of the FSS Act would make it clear that there is no bar for prosecution under the IPC merely because the provisions in the FSS Act prescribe penalties. We, therefore, set aside the finding of the High Court on the first point,” the bench said on Thursday.
It said there was no dispute that section 55 of the FSS Act provides only for penalty to be imposed for non-compliance of the requirements of the Act, Rules or Regulations or orders issued by the Food Safety Officer.

“There is no bar to a trial or conviction of an offender under two different enactments, but the bar is only to the punishment of the offender twice for the offence,” the top court said.
The court said that it does not agree with the conclusion of the High Court that non-compliance of the provisions of the Act, Rules or Regulations or orders cannot be subject matter of a prosecution under IPC unless expressly or impliedly barred.

The top court said that the High Court committed an error while interpreting the scope of section 188 of the IPC which relates to disobedience to order duly promulgated by public servant.
“Section 188 of the IPC does not only cover breach of law and order, the disobedience of which is punishable. Section 188 is attracted even in cases where the act complained of causes or tends to cause danger to human life, health or safety as well,” the court said. The bench added that it cannot agree with the findings of the high court that the prohibitory order of the Commissioner, Food and Safety is not an order contemplated under the IPC and the provisions of the FSS Act can only be resorted for non-compliance of orders passed under the FSS Act as it is a special enactment.

“An act or an omission can amount to and constitute an offence under the IPC and at the same time, an offence under any other law. The High Court ought to have taken note of Section 26 of the General Clauses Act, 1897…,” it said.

The top court remanded back the matter to the high court for adjudicating the point whether the offences under IPC are made out against the alleged offenders of the rule.
It, however, said that till the adjudication of petitions of stockists of Gutka and Pan Masala, no coercive action should be initiated. The case pertains to FIR registered in Maharashtra for transportation, sale and stocking of Pan Masala, Gutka in contravention to the provisions of the FSS Act. The stockists moved the high court seeking quashing of FIR on the ground that action can only be initiated against them under the FSS Act and not IPC.

The high court quashed the criminal proceedings against them and declared that the Food Safety Officers can proceed against the stockists and sellers of Gutka and Pan Masala under the provisions of the FSS Act only.