The Supreme Court on Monday declined to stay the operation of new amended rules of the Union Health Ministry directing the manufacturers to have graphic warning images on packets of cigarettes and other tobacco products and helpline numbers for those who wanted to quit the habit.
A Bench led by Chief Justice Dipak Misra refused to grant interim stay on Tobacco Products (Packaging and Labelling) Second Amendment Rules, 2018, which would come into effect from September 1. The new rules which have two images depicting the manifestation of cancer as a specified health warning would appear on the package consecutively during the rotation period with an interregnum period of 12 months.
During the hearing, senior advocate Mukul Rohatgi, appearing for the manufacturers, argued that people should have the right to choice and the new rules violated that right.
The Bench responded saying “people also have the right to informed choice.”
“Eating chocolates may lead to diabetes,” Mr. Rohatgi countered. “Eating chocolates does not create diabetes. The analysis is wrong. If you have diabetes, then you should abstain from chocolate,” Chief Justice Misra told Mr. Rohatgi.
