Facebook is being threatened with legal action over its advertisements and pages promoting various tobacco products, brands and articles. Hemant Goswami, Member of the Executive Body constituted under the COTPA has issued a legal notice to Facebook to remove all advertisements, pages and groups relating to the promotion of any kind of tobacco product or which promotes its consumption.

Facebook is being threatened with legal action over its advertisements and pages promoting various tobacco products, brands and articles. Hemant Goswami, Member of the Executive Body constituted under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA) has issued a legal notice to Facebook to remove all advertisements, pages and groups relating to the promotion of any kind of tobacco product or which promotes its consumption.

Speaking to Bar & Bench, Mr. Goswami said, “156 countries have signed and ratified the Framework Convention on Tobacco Control (FCTC), advocating complete prohibition of cross border advertisement or promotion of tobacco products. Under this treaty, the signatory countries are bound to ratify the treaty and enforce the laws strictly. Facebook is well aware of these legislations, but has continued to advertise for its monetary gains fully knowing the repercussions of such advertisements.” In India, COTPA provides for imprisonment up to five years for violating the provisions relating to prohibition of promotion or advertisement of tobacco products and brands.

Mr. Goswami added that Facebook, while claiming to have a policy of not advertising pornography, child abuse material and other sensitive issues including advertisements promoting tobacco products, still published advertisements and pages, and encouraged groups that promote tobacco products.  The legal notice has been sent to Facebook’s Orlando office and to their corporate headquarters at San Franscico. Michael Richter, Facebook’s Deputy General Counsel was not available for comment.