Kerala High Court Seeks ITC Response On Allegation That 'Honeydew Smooth' Printed On Gold Flake Cigarette Packs Violates Law

The Kerala High Court on Monday (March 26) asked Indian Tobacco Company (ITC) and Gold Flake Corporation Ltd. to respond to an allegation made in a public interest litigation that printing the words 'Honeydew Smooth', 'Flavour like never before' and 'More flavours, more experiences' on cigarette packets amounts to a violation of Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008.Chief Justice Soumen Sen and Justice Syam Kumar V.M. also directed the other respondents in the PIL, including the Central and State governments, the Cochin Corporation and the Commissioner of Police to file affidavits regarding the issue."It appears that on the outer label, the words 'Honeydew Smooth' and 'Flavour like never before' are being printed. In the inside flap, the words 'More flavours, more experiences' can be found. It is argued that this may be in violation of Rule 3(g) of the 2008 Rules. The respondent Nos. 6 and 7 [ITC and Gold Flake] to respond to such allegations made by the petitioners. The other respondents are also directed to file an affidavit dealing with the same issue," the Court passed an interim order. The Court further directed the State to ensure that its enforcement agencies to vigilant of the violations of the Act and the Rules thereunder and to proceed against violators:"It is needless to mention that the enforcement agency of the State shall be vigilant in ensuring enforcement of the Act of 2003 and the Rules thereunder and initiate proceedings against the manufacturing units responsible for such violations. A further affidavit shall be filed regarding the progress made in this regard."The PIL was filed seeking directions for mandatory checking of identification cards while selling tobacco products to young persons to ensure that they are 18 years old for action against illegal advertisement of cigarette products, etc.During the last hearing, the Court had recorded the State's submission that steps are being taken to ensure that tobacco products are not sold without disclosing the nicotine and tar contents. However, the State had also pointed that in the absence of any Central rules specifying the maximum permissible nicotine and tar contents in cigarettes, it would not be possible for the State respondents to seize or confiscate cigarettes or tobacco products on the ground of not specifying the maximum permissible nicotine and tar contents. The Court had then requested the Deputy Solicitor General of India (DSGI) to assist it and had directed the Central government to file an affidavit disclosing whether any notification has been issued specifying the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to Section 7(5) 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.In compliance of the afore direction, an affidavit was filed by the Centre and the DSGI had appeared today before the Court. She submitted that Section 7(5) of the Act has not yet been notified and therefore, the same is not in operation as of now. She also told the Court that the reason for not prescribing the maximum limits is because even small contents of nicotine and tar is harmful."Studies have come later which shows that maximum content cannot be notified and even smaller quantities not good for health...Some maximum limit can be prescribed but when the studies came in later and when the international treaties also came in, it has become impossible to quantify the maximum limit. Because it is only tobacco and tar content which is there but there are 7000 other chemicals that are there in cigarettes. That is why," DSGI told the Court."You mean to say that all over the world, there has been no clear indication as to what is the maximum? Then you omit that...you amend it. You keep this in the statute book and not notifying it...by an amendment you can omit this. More than 23 years have passed. Some stand has to be taken," the Court responded to the submission.The DSGI told the Bench that she shall advise the Centre to do so. "What you can do is this, for the time being, maximum permissible limit may not be imported. But the contents of the nicotine and tar contents may be made compulsory," the Court orally told the DSGI. It then added to its interim order:"The Ministry of Health and Family Welfare may consider, the issue pending, as to the maximum permissible limits to be displayed/printed in the cigarette...

Kerala High Court Seeks ITC Response On Allegation That 'Honeydew Smooth' Printed On Gold Flake Cigarette Packs Violates Law

K. Salma Jennath

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