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Ban cigarettes not carrying health warning covering 85 pc of space: HC
5/26/2016 10:51:38 PM
Early Times Report
Srinagar, May 26 (JNF): A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey today directed the authorities concerned to ban cigarettes and other tobacco products not carrying health warning covering 85 pc of space on their packets.
The bench directed respondents to ensure implementation of Cigarettes and Other Tobacco Products (Packaging and Labelling), Amendment Rules, 2014 and ban the sale of cigarettes and other tobacco products not having 85 pc specified health warning. "The tobacco products which do not satisfy the rule, have to be seized and destroyed. It is made clear that the tobacco products which have been manufactured prior to the implementation of the rules, ie before April 1, 2016, be allowed to be sold without any disturbance till the stocks possessed by sellers are sold out," the court ordered.
The court directive came in a PIL, seeking court indulgence for directing respondents to ensure implementation of the rules in letter and spirit and ban sale of cigarettes and other tobacco products which do not have 85 principal space covered with pictorial and cover textual health warnings.
Quoting Global Adult Tobacco Survey-India (GATS-2010) conducted in the age group of 15 years and above, the petitioner said over 35 of the adult population "consumes tobacco in some form or the other and majority of them are illiterate or semi-literate.
"Young persons in India in the age group of 13-15 years consume tobacco as per the survey," he submitted.
The bench, after hearing the two sides, said the specified health warning should cover at least 85 of the principal area on each package. "Of this area, 60 pc shall cover pictorial health warning and 25 pc shall cover textual health warning which shall be positioned on the top edge of the package. It is bound to be implemented by the tobacco product manufacturers as well as the persons who are selling tobacco products in wholesale or in retail," the bench ordered. The bench allowed the petition and directed respondents to ensure the implementation of Cigarettes and Other Tobacco Products (Packaging and Labelling), Amendment Rules, 2014 and ban the sale of cigarettes and other tobacco products not having 85 specified health warning and such of those tobacco products which were not satisfying the rule had to be seized and destroyed.
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