Disclosing Nicotine, Tar Content On Cigarette Packs May Confuse Consumers About Health Risks: Centre Tells Kerala High Court

The Central Government on Thursday (July 9) informed the Kerala High Court that it does not consider it a good public health measure to disclose the actual numerical contents of nicotine and tar on cigarette packets, since it may confuse the consumer regarding the harmful effect of cigarettes.

Deputy Solicitor General of India (DSGI) submitted before the Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. that an additional affidavit has been filed in accordance with an earlier direction asking the the Centre to consider notifying the provision that lays down the maximum permissible limits of nicotine and tar on tobacco products.

The Court was considering a PIL seeking directions for mandatory checking of identification cards while selling tobacco products to young persons to ensure that they are 18 years old.

The plea also sought action against cigarette manufacturing companies for not complying with the statutory mandate to display nicotine and tar contents on packets as per Section 7 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 [COPTA].

Section 7 deals with restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products. Sub-section 5 states that tobacco products cannot be sold without mentioning the tar and nicotine contents as well as the maximum permissible limits on the labels. Proviso to the sub-section provides that nicotine and tar contents cannot exceed the maximum limits prescribed by the Central government.

During a previous hearing, when the Court was informed that Section 7 has not been notified, it had asked the Centre to consider notifying the provision.

When the matter came up today, Justice Sen orally enquired: "So what is the stand of the Central Government?"

DSGI replied: "They stick on their previous plan that the disclosure of the actual contents of the nicotine and tar is not a good public health measure...Even after considering it, as per the directions of this Court, if the actual numerical values are displayed, there will be an unhealthy comparison, feeling that packets which contain less nicotine will be less harmful or more nicotine will be more harmful. Such a comparison cannot be made...According to the government, the pictorial representation itself shows that consumption is injurious. That would suffice...Numerical values may confuse the consumer in respect of the good or bad qualities of the cigarettes." 

"That makes sense....So there is no amendment to that effect in the Act?," Justice Sen asked. The Centre's counsel replied that there is no amendment.

Since the petitioner-lawyer appearing in person was indisposed, the Court adjourned the matter after 3 weeks.

Case No: WP(C) No. 8332 of 2025

Case Title: Sangeerthana M. and Ors. v. Union of India and Ors.

The 1st petitioner is appearing in person.

Counsel for the respondents: O.M. Shalina - DSGI