Introduction

The consumption of tobacco products continues to be a major public health issue in India, with smoking-related diseases causing numerous deaths annually. According to estimates cited in the World Health Organization’s (“WHO”) ‘Economic Costs of Diseases and Deaths Attributable to Tobacco Use in India’ study, “the economic burden of diseases and premature deaths attributable to smoking and smokeless tobacco use by persons over 35 years of age in India is over 1% of India’s GDP”. Further, the expenditure incurred to treat tobacco related illnesses and diseases accounts for 5.3% of the total private and public health spending in India in a year[1].

Recognizing the severe health implications of smoking, India has implemented a strict regulatory framework governing cigarette packaging, labelling and advertising. These legislations aim to curb tobacco consumption by increasing consumer awareness, restricting tobacco promotions, and ensuring compliance with international health standards. This blog post explores the key regulations governing the restrictions around cigarettes in India, their effectiveness and the way forward.

Regulatory Landscape

The World Health Assembly adopted the WHO Framework Convention on Tobacco Control (“WHO FCTC”) on May 21, 2003. It entered into force on February 27, 2005. The objective was to address the global tobacco epidemic/ issues like trade liberalization, direct foreign investment, tobacco advertising and sponsorship beyond borders, and illicit tobacco products’ trade. India ratified the WHO FCTC in 2004, actively contributed in the WHO FCTC negotiations to finalize its provisions, and served as the regional coordinator for South-East Asia.[2]

In conjunction with India’s commitment to the WHO FCTC, the regulatory landscape for cigarettes in India is governed by the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (“COTP Act”) and the rules framed thereunder, including the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008 (“2008 Rules”), and the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004 (“2004 Rules”) (COTP Act, 2008 Rules and 2004 Rules are collectively referred to hereinafter as “COTP Regime”).

The COTP Regime seeks to prohibit tobacco advertising and regulate trade, production, supply and distribution of cigarettes and other tobacco products. In this regard, the COTP Regime has placed several specific restrictions on activities in relation to tobacco consumption, packaging and advertisements. These include:

Restrictions on Sale and Consumption

• Restriction on smoking in public places;

• Restriction on sale of cigarettes to minors (i.e., individuals below the age of eighteen years); and

• Restriction on sale of cigarettes within a 100 yards radius of any educational institution.

Packaging and Labelling Specifications

• Each package of cigarettes must display a specified health warning that covers no less than 85% of the principal display area of the package. For box type packages, the principal display area will be the two largest, equal-sized surfaces visible under normal conditions of sale or use.

• Of the 85% of the principal display area of cigarette packages that displays the specified health warning, 60% must be pictorial warning, and the remaining 25% must be textual health warning.

• The specified health warning cannot be covered or hidden in any manner when the package is sealed or opened.

• No messages or images promoting the use or consumption of a particular tobacco brand or tobacco usage in general, either directly or indirectly, are permitted to be displayed on the package.

• The specified health warning displayed on cigarette packages is required to be rotated/ changed every 12 months, basis the specifications and revisions prescribed under the 2008 Rules. In this regard, the Ministry of Health and Family Welfare has notified the Cigarettes and other Tobacco Products (Packaging and Labelling) Amendment Rules, 2024, comprising revised specified health warnings, which are to come into effect from June 1, 2025[3].

•  The particulars of the specified health warning including the content, font type, text color, printing resolution, dimensions, etc., need to be complied with in respect of all packages containing cigarettes.

• Cigarette packages must not display any false, misleading, deceptive, or erroneous information about the product’s characteristics, health effects, or other hazards, or its emissions. This includes terms like “light”, “ultra light”, “mild”, “ultra mild”, “low tar”, “slim”, “safer”, or similar words, descriptors and associated graphics.

• Other mandatory declarations, such as product name, manufacturer’s name and address, packer or importer, product origin (in case of imported products), product quantity and date of manufacture are also required to be stated on all cigarette packages.

Restrictions on Advertisements and Promotion

• Advertising cigarette products, including video advertisements, signboards, hoardings, leaflets, etc., is generally restricted. However, signboard advertisements are permitted for cigarettes/ other tobacco products, which may be displayed at the entrance or inside a cigarette shop/ warehouse. This signboard must comply with the specifications outlined in the 2004 Rules. It cannot display brand pack shots, brand name(s) of the tobacco product(s) or other promotional messages and pictures.

• Characters in films and TV programmes are generally restricted from displaying tobacco products or their use. While exemptions are envisaged for certain types and forms of media content, the 2004 Rules require additional anti-tobacco health spots, warnings, anti-tobacco health warning text scrolls, safeguards for audiences below the age of eighteen years, etc., for such exempted forms of media.

• Brand names and logos of tobacco products are required to be cropped or masked in any form of outdoor or print media, and footage aired through any form of electronic media. However, live or deferred live telecast of sports, cultural and other events held in other countries, aired in India, are exempted from this.

• Publishers of online curated content must display health spots, anti-tobacco health warnings and audio-visual disclaimers in audio-visual content showing tobacco products or their use.

• Depiction of tobacco products or their usage in any form is restricted in promotional materials and posters of films and television programmes.

• Display of cigarette brands, placement of tobacco products in any form and close ups of tobacco products are restricted in films and television programmes.

Conclusion

India’s tobacco control laws, under the COTPA Regime and WHO FCTC commitment, have significantly curtailed tobacco advertising, restricted public smoking, and enforced strict packaging and labelling norms for cigarettes. However, enforcement challenges persist, especially with large-scale illicit cigarette packages being imported into the country annually, coupled with advancement in surrogate advertising, online sales, and inadequate compliance in public spaces. In this regard, strengthening implementation mechanisms through digital surveillance, stricter penalties, and proactive monitoring of online platforms and public spaces is crucial. Public awareness campaigns, with focus on cessation support programmes, may also assist in reducing tobacco consumption. Ultimately, collaborative efforts between Central and state policymakers, health professionals and society at large may be the key to building a robust anti-tobacco regulatory system that balances public health priorities and enforcement challenges. 

---

[1] https://www.who.int/india/news/detail/09-02-2021-india-loses-1-of-its-gdp-to-diseases-and-early-deaths-from-tobacco-use-finds-who-study

[2] https://nhm.gov.in/index1.php?lang=1&level=3&sublinkid=1126&lid=636

[3] https://mohfw.gov.in/sites/default/files/Notification%20Uploaded%20on%20E-gazette.pdf