Disclosure of nicotine, tar levels on cigarette packs may be counter-productive: Centre to Kerala HC

The Union government has told the Kerala High Court that making it mandatory to disclose actual nicotine and tar content on cigarette packets could be counter-productive [Sangeerthana M v Union of India & ors].

In an affidavit filed before the Court, the government pointed out that experts have repeatedly warned that all tobacco products are inherently harmful.

While so, adding numerical figures denoting such content on cigarette packs could mislead the public into believing some tobacco products are safer than others.

Images accompanied by health warnings on cigaratte packs are more effective in warning the public about the health risks of smoking, said the Centre.

The stand was taken in an affidavit filed by the Union Ministry of Health and Family Welfare in response to a public interest litigation (PIL) petition filed by advocate Sangeerthana M.

Among other reliefs, the PIL seeks the implementation of Section 7(5) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA).

The provision requires cigarette packets to indicate the nicotine and tar content of each cigarette. However, the said provision has not yet been been brought into force by the government.

Earlier, a Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM had directed the government to reconsider whether cigarette packets should carry labels indicating the levels of nicotine and tar, as required under Section 7(5) of COTPA.

In its response, the Union government said that the issue was examined in light of the existing statutory framework, India's tobacco control policy, its obligations under the World Health Organisation Framework Convention on Tobacco Control (WHO-FCTC) and the available scientific evidence.

It concluded that mandating the disclosure of the actual numerical levels of nicotine and tar on cigarette packets is not a desirable measure.

It pointed out that nicotine and tar constitute only a limited category of the toxic and carcinogenic elements involved in smoking tobacco.

"Disclosure of numerical values relating only to nicotine and tar may, therefore, provide incomplete and potentially misleading information regarding the overall health risks associated with tobacco consumption," the affidavit added.

It was also highlighted that pictorial and textual health warnings on cigaratte packs are already mandatory, to effectively communicate the harm caused by tobacco use and how it is injurious to health.

The affidavit went on to state that the question of whether Section 7(5) should be operationalised through a notification is a policy decision.

The Court cannot compel the government to decide the matter in a particular way unless arbitriness or unconstitutionality is shown, the Centre added.

The government has maintained that in this matter, it has consciously refrained from notifying Section 7(5) of COTPA.

The matter was briefly heard yesterday, when Deputy Solicitor General OM Shalina informed the Court about the Union's stand.

The case will be heard next after three weeks.

The petitioner, advocate Sangeerthana M appeared party-in-person.