The verdict is out: ‘All tobacco advertisements, inside and outside shops, are illegal’.
The announcement came from the Central government on Friday evening in answer to the question of whether tobacco companies are allowed to advertise inside tobacco shops/kiosks.
The decision also marks an end to the tussle between the Delhi Tobacco Control Department and tobacco companies over the issue of advertising.
Needed Centre’s opinion
The confusion arose after tobacco companies wrote to the State department in this regard. “We had to take the Centre’s opinion before initiating any legal action against them [companies] for advertising inside shops/kiosks,” said S. K. Arora, Additional Director (Health), Tobacco Control Department.
“In Delhi, we found tobacco companies taking advantage of the ‘apparent silence’ of the amended Cigarettes and Other Tobacco Products Act (COTPA) on advertising inside shops,” said Mr. Arora.
As per the COTPA, tobacco companies are allowed to advertise at shops.
However, the Health Ministry had amended this in 2005 to ban any display of brand names, pack images or promotional messages.
“As per the reply, the matter is clear. The Central Ministry has specified that these advertisements are illegal. We welcome the move,” he added.
The rule specified that tobacco retailers could only display a 60x45 centimetre board, which could carry a description of the type of products sold — cigarettes or chewing tobacco — but not include any brand advertising. Also, they must carry a prominent health warning.
“Our team has been raiding vendors/kiosks, issuing challans and asking them to take down advertisements. We realised that most vendors had no idea about the rules and were displaying these advertisements to make their shops look attractive. Some of them may even be enjoying monetary benefits. That is when we decided to tell companies to stop this advertising,” said Dr. Arora.
Ads permitted, say firms
According to the tobacco companies, however, advertisement of tobacco products at the entrance and inside shops selling such products is clearly and categorically permitted.
“We couldn’t initiate legal action till the Central government told us what our stand was on the issue,” he said.
About the impact of tobacco advertisements, the Supreme Court had maintained that “this will attract the younger generation and innocent minds, who are not aware of the grave and adverse consequences of consuming such products”.
