(MENAFN- NewsBytes)
HC: Reduce tobacco graphic warnings size from 85% to 40%
16 Dec 2017
The Karnataka High Court (HC) has quashed the 2014 amendment rules that required graphic health warnings to cover 85% of packaging on tobacco products.
The HC ruled that the amended rules violated constitutional norms and that graphic health warnings should only cover 40% of the packaging.
The ruling is seen as a victory for tobacco companies and a setback for health activists.
Tobacco companies opposed government's 85% warning label rules
Details
On April 1, 2016, the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules (COTPA) came into effect.
The Tobacco Institute of India and several tobacco companies, including ITC and Godfrey Phillips, challenged COTPA, particularly the 85% rule.
In May 2016, the Supreme Court had transferred all cases against the 85% rule to the Karnataka HC, asking it to dispose of them.
Why the Karnataka HC quashed the 85% warning rule
Ruling
The Karnataka HC has ruled that the Union Health Ministry didn't have the power to enforce the 85% graphic warning rule.
It said even if the ministry enjoyed such power, the rules would represent an "unreasonable restriction" on the right to do business by violating constitutional norms.
It also violated tobacco farmers' Right To Equality under Article 14 of the Constitution.
Court decision comes despite effectiveness of stringent rules
Explained
India has among the world's most stringent tobacco packaging rules aimed at reducing tobacco use.
Over 900,000 people are killed every year due to tobacco consumption.
The Indian economy loses an estimated $16 billion due to tobacco-related diseases, according to the World Health Organization.
Nearly 62% of all smokers considered quitting due to the warning labels, according to a government survey.
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