Pictorial Warning on Tobacco Products

Why in news?

The Supreme Court has stayed an earlier order of the Karnataka High Court which struck down the central Rules on tobacco packaging.

What do the rules specify?

• In 2014, the Ministry of Health notified amendments to The Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008.
• It was mandated that the specified health warning shall cover at least 85% of the principal display area of the package.
• Of this, 60% shall cover pictorial health warning and 25% shall cover textual health warning.
• This shall be positioned on the top edge of the package and in the same direction as the information on the principal display area.

How was the implementation?

• The Rules were to come into effect from April 1, 2015.
• However, there were cries of outrage from the tobacco industry.
• Subsequently, the Lok Sabha Committee on Subordinate Legislation (CoSL) examined the government’s 2014 notification.
• After debates and delays, the rules finally came into effect from April 1, 2016, with the government stipulated 85% warning itself.
• Resultantly, India now has some of the world’s most stringent rules on pictorial warnings on tobacco packets.

How effective was pictorial warning?

• Health advocates have long argued for prominently displayed pictures of the impacts of tobacco consumption.
• These, sometimes grotesque depictions of tumours, are more effective than smaller pictures or written warnings.
• The Global Adult Tobacco Survey (GATS) 2016-17, released by the Ministry of Health and Family Welfare adds validity to this.
• The study has found that the warnings play a role in motivating more than half the number of smokers who quit.
• It highlighted that around 60% of cigarette smokers and around 5o% of bidi smokers had thought of quitting.
• Another 46% of smokeless tobacco users had also thought of quitting because of the warnings on smokeless tobacco products.
• The new rules have effectively controlled tobacco and saved around 80 lakh lives in India.

What is the recent petition?

• A study on the economic burden of tobacco-related diseases in India said that the estimated total cost attributable to tobacco use was around Rs 1 lack crore in 2011.
• This is 12% more than the combined state and central government expenditure on healthcare in that year, and 1.16% of India’s GDP.
• HC - However, the tobacco industry approached the Karnataka High Court.
• It argued that no correlation had been established between tobacco and the diseases depicted on the packs.
• It said the industry’s right to conduct business was being unfairly affected because of the warnings.
• Accepting the contention, the court ruled that India should go back to the 40% warnings that existed before the notification of the 85% Rules.
• SC - However the Supreme Court has stayed the Karnataka High Court's order.
• It held that health of a citizen has primacy and he/she should be aware of that which can deteriorate the condition of health.

Source: Indian Express

Quick Fact

GATS

• Global Adult Tobacco Survey (GATS) was conducted by the Tata Institute of Social Sciences.
• It was in association with the Ministry of Health and Family Welfare, Government of India and the World Health Organisation.
• It is a national representative survey helping countries fulfil the obligations under WHO's Framework Convention on Tobacco Control.