Where are labs for testing nicotine content in tobacco products, asks HC

Reminds Centre that it had planned to set up the facility more than six years ago

The Madras High Court has directed the Union Health Ministry to file before it an affidavit about the status of proposed setting up of laboratories for testing tar and nicotine contents in all forms of tobacco products, which the Ministry had planned to set up with technical inputs from World Heath Organisation and Center for Disease Control (CDC) in the United States.

While hearing a public interest litigation petition, the First Bench comprising Chief Justice S.K. Kaul and Justice R. Mahadevan also wanted to know when the government would issue a notification on depiction of contents of tar and nicotine in tobacco products as mandated under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

The Ministry in its affidavit filed as early as 2010 had stated that the enforcement of sections (Section 7 (5) of the Act) mandating depiction of tar and nicotine contents would be notified after necessary institutional capacity was established. It was actively engaged in capacity building by setting up apex or testing laboratory facilities in the country for testing tar and nicotine contents in all forms of tobacco products with the technical inputs from WHO and CDC.

“The Central government itself admits to be actively engaged in the process of building the necessary infrastructure for detection of tar and nicotine contents. This affidavit was affirmed on April 15, 2010, (i.e.) more than six years ago. We are quite sure that by now necessary infrastructure would have been built over these periods of six years. We would, thus, like to know the stage of the capacity building and as to when they propose to notify those provisions”, the Bench said and posted the matter for September 15 for compliance.

Ill effects

The petitioner sought a direction to the manufacturers to disclose the ingredients and percentage as well as the “nutritious value” of the tobacco products and the ill effects of the use of cigarettes, beedis, gutka and other products and contended that the notification as mandated under Section 7 (5) of the Act has not been issued yet.

He cited the claim that more than 45 per cent of the Indian population were using tobacco every day with or without knowing the ill-effects of the tobacco.