Legislations On Tobacco Control

Even before India became a signatory to the FCTC, the Government. of India had initiated and enacted the national tobacco-control legislation namely, “The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” on 18 May, 2003.

The salient features of this legislation

• Total ban on direct and indirect advertisements of all tobacco products.
  
  
• Prohibition on sponsorship of sports and cultural events which encourage tobacco use; ban on smoking in public places.
  
  
• Ban on sale of tobacco products to minors.
  
  
• Mandatory pictorial depiction of specified health warnings and clear indication of nicotine and tar contents on packets and cartons of all tobacco products.
  
  
• Ban on smoking in public place

The Tobacco Control Act HTML / PDF
WHO FCTC
Legislation Implemantation of COTPA
Elaboration of Guidelines for Implementation of the WHO Convention


Complete List of Notifications

Corrigendum - 30th December 2005	G.S.R.42 (E)	G.S.R. 137 (E)
G.S.R.190 (E)	G.S.R. 259 (E)	G.S.R. 345 (e)
G.S.R. 402 (E)	G.S.R. 449 (E)	G.S.R. 496 E
G.S.R. 696	G.S.R. 696_1	TOBACCO CONTROL ACT, 2003
Notification - 30th November 2005	Notification - 17th October 2006 steering committee
Notification - 15th March 2008
Notification dt 30-05-2008 reg prohibition of smoking in public places
Notification dt 28-08-2008 reg Packaging & Labeling Rules

The provisions of the Act, 2003 that came into force from 1st May, 2004 where:-

• Relating to prohibition of smoking in a public place
• Prohibition of advertisements and sponsorship of cigarettes and other tobacco products
• Prohibition of sale of cigarette and other tobacco products to a person below the age of 18 years.

Violation of any of these provisions is be a punishable offence, whose punishment includes fine or / and imprisonment.

The notifications that came into effect from the 31st May 2005:

• Total ban on display of tobacco products or their use, in movies or television .
• Sale of tobacco products through vending machines
• Sale of tobacco products by minors
• Visible stacking of tobacco products at the point of sale
• Indirect advertisement of tobacco products has also been clearly defined to prevent violations.

To view the comprehensive act on tobacco control click here

The New Suggested Pictorial Warnings under debate:
The Old Suggested Pictorial Warnings under debate:

• Health Warning on all tobacco products in black colour on a white background. Smoking Kills warning on smoking forms of tobacco Tobacco Kills warning on smokeless / chewable forms of tobacco products.
• Pictorial warning on all tobacco products depicting the ill effects of tobacco use on health. The specified pictorial warning :
  For smoking forms of tobacco
  (i) Smoking causes cancer
  (ii) Your smoking kills babies
  
  For smokeless/ chewable forms of tobacco
  (i)Tobacco causes painful death
  (ii) Tobacco causes mouth cancer
• The minimum size of the health warning has to be 3.5cm x 4cm on each panel of tobacco pack which has to be prominent and legible.

To view the comprehensive act on tobacco control. click here