Tobacco companies water down SC order and GOI notification
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New Delhi, 10 June 2009: Leading gutkha brands which have printed pictorial health warnings on their packets are actually in violation of the government’s notification to implement the new packaging and labeling rules which came into effect on 31 May 2009. Some chewing tobacco products have appeared on market shelves with pictorial health warnings printed on one side of their packets but not covering the specified area as mentioned in the rules.

As per the undertaking given by the Central Government in the Supreme Court on 6 May 2009, it is very clear that the law makes it compulsory for all packages of tobacco products to display pictorial warnings on 40% of the total area on one side of the packets. The latest pictorial warnings as seen on gutkha sachets clearly violate the law since they are significantly less than 40% of the area.

The following table displays the total size in percentage of the pictorial warnings. As we can see none of the companies have followed the mandatory requirement of 40 % on one side of the product.

Name of brand

Length

Width

Total size

Pack warning length

Pack warning width

Total size of pack warning

(%) area of pack warning

Kuber Khaini

9 cm

6 cm

54 sq cm

2 cm

4.7 cm

9.4 sq cm

19.3  % approx

Shikhar Gutkha

4.7 cm

6.5 cm

30.55 sq cm

1.6 cm

2 cm

3.2 sq cm

10.6 % approx

Bahar Gutkha

6.5 cm

5 cm

32.5 sq cm

1.5 cm

4 cm

6 sq cm

18.5 % approx

Rajshree
Gutkha

6 cm

4.5 cm

27 sq cm

1.3 cm

3 cm

3.9 sq cm

14.4 % approx

Dilbag Gutkha

5.5 cm

5.6 cm

30.8 sq cm

2.7 cm

2 cm

5.4 sq cm

18.5 % approx


Additionally Shikhar Gutkha has displayed the warning in one language only while Dilbag Gutkha also has a written warning in one language.

Both these brands have a health warning written in only one language which is against the packaging and labeling rules which mandates that such warnings must be printed in English and the language in which the brand name of the product has been written.

Bhavna B Mukhopadhyay, Senior Director, Voluntary Health Association of India said, “Tobacco companies are not implementing the Supreme Court order and the government’s notification in the right spirit. As a matter of fact, they are in gross violation of specifications that have been clearly communicated to all manufacturers. Even 10 days after the passing of the implementation date, cigarette, bidi and many gutkha companies are yet to introduce the new packets. Strong enforcement drive should be initiated by the Government in order to prevent further dilution of packaging and labeling rules.”

Various studies outside India, especially in countries where pictorial warnings on packages of tobacco products have been implemented, have revealed that such warnings play a significant role in propelling consumers to understand the hazards of tobacco use and urging them to quit.

The Voluntary Health Association of India which played a key role in getting pictorial health warnings on packages of tobacco products implemented believes that proper enforcement of the law will go a long way in informing the consumers about the harmful effects of tobacco and would help in curbing its use.

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