Pictorial Warnings on Tobacco Products here to stay as Stay by SC on Karnataka HC verdict “made absolute”

The stay on the judgment of the Karnataka High court, which had quashed the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014 (2014 Rules), was made “absolute” by the Supreme Court yesterday..This would mean that 85 per cent of the principal display area of the packaging of tobacco products’ should have specified health warnings till the matter is decided one way or the other..A Bench of Chief Justice Dipak Misra and Justice AM Khanwilkar granted leave in appeal against the High Court verdict while ordering that the interim order passed by it “is made absolute”..The 2014 Rules mandate printing of specified heath warnings covering 85 per cent of the principal display area of the products’ packaging..The Karnataka High Court Bench of Justices BS Patil and BV Nagarathna had struck down the 2014 rules. The said judgment was then challenged in Supreme Court..On January 8 this year, the Supreme Court had stayed the Karnataka High Court verdict while observing that the health of citizens has primacy over business of tobacco companies. In its interim order of January 8, the Court had stated,.“Considering the rivalized submission advanced at the Bar and keeping in view the objects and reasons of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and the measures taken by the State, we think it appropriate to direct stay of operation of the judgment and order passed by the High Court of Karnataka….Though a very structural submission has been advanced by the learned counsel for the respondents that it will affect their business, we have remained unimpressed by the said proponement as we are inclined to think that health of a citizen has primacy and he or she should be aware of that which can affect or deteriorate the condition of health. We may hasten to add that deterioration may be a milder word and, therefore, in all possibility the expression “destruction of health” is apposite.”.When the matter came up for hearing yesterday, the Court granted leave while ordering,.“The interim order is made absolute.”.Attorney General KK Venugopal and Additional Solicitor General Pinki Anand appeared for the Union of India. Senior Advocate Rupinder Singh Suri and advocate Simar Suri appeared for the Cancer Patients Aid Association while Senior Advocate Anand Grover appeared on behalf of Health for Millions Trust..Read the order below.