Showing posts with label Pictorial warnings. Show all posts
Showing posts with label Pictorial warnings. Show all posts

Thursday, 11 January 2018

Tobacco Free Kerala welcomes SC ruling

Tobacco Free Kerala – a coalition of like-minded organisations for tobacco control – lauds the public-health friendly stance taken by the apex court while upholding the rule mandating 85 per cent pictorial warnings on all tobacco products.

Pronouncing its judgement, the Division Bench of the Supreme Court led by the Hon’ble Chief Justice of India noted in its 13-page-order that “health of a citizen has primacy” and that citizens are entitled to know about things that cause “destruction of health”, implying tobacco in this instance.

Attorney General Mr. K.K. Venugopal, appearing for the Union of India, said that “life sans health is not worth living and the chewing of tobacco or smoking of cigarettes or bidis, etc. causes irretrievable hazard to health and it is the obligation of the State to make the people aware as regards the injurious nature of these indulgences.”

Addiction to tobacco “becomes the killing factor or causation of pain, suffering, agony, anguish and ultimately death”, he had submitted.

The stay comes on the order of the Karnataka High Court that struck down the 85 per cent pictorial warnings rule on 15 December 2017.  

It was on October 15, 2014, that the Union Health Ministry brought out a notification requiring tobacco companies to devote 85 per cent of all tobacco product packs including bidis, cigarettes, and smokeless items to pictorial warnings. After some delay, it took effect from 1 April 2016.


With this judgement, India has also maintained its global image by retaining the third position on pack warnings in its ranking of 205 countries as per the “Cigarette Package Health Warning International Status Report” put out by the Canadian Cancer Society in October 2016.
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Wednesday, 5 April 2017

Health Ministry Releases New Pictorial Warnings For Tobacco Products

Replacing the existing images, the Health Ministry has released a new set of pictorial warnings for mandatory display on packets of cigarettes, bidis, and chewing tobacco with effect from April 1 this year.

Under the new rules, manufacturers will now need to display graphic pictures of throat cancer on cigarette and bidi packets and pictures of mouth cancer on chewing tobacco packets. According to the public notice on the Health Ministry's website, the government notified the new health warnings on October 15, 2014 and issued a notification dated September 24, 2015 for mandatory display of new health warnings covering 85 per cent of the principal display area on all tobacco products from April 1, 2016.

"As per Rules, during the rotation period of 24 months, two images of specified health warnings as notified in the Schedule, shall be displayed on all tobacco product packages and each of the images shall appear consecutively on the package with an interregnum period of 12 months.

"Further as per notification dated March 24, 2017, all tobacco products manufactured on or after April 1, 2017 shall display the second image of specified health warning," the notice said.

It further said any person engaged directly or indirectly in production, supply, import or distribution of cigarettes or any other tobacco products shall ensure that all tobacco product packages have these specified health warnings.

"Violation of the provisions is a punishable offence with imprisonment or fine as prescribed under section 20 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003," it said.

India is third among countries with the largest pictorial warnings on tobacco products, according to a recent report.

The Health Ministry has implemented, from April 2016, large pictorial health warnings occupying 85 per cent of the principal display area of tobacco packs and on all forms of tobacco.

Source: NDTV
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Friday, 11 November 2016

പുകയില: സചിത്ര മുന്നറിയിപ്പില്‍ ഇന്ത്യ മൂന്നാം സ്ഥാനത്ത്

പുകയില ഉത്പ്പന്ന പായ്ക്കറ്റുകളില്‍ 85 ശതമാനം സചിത്ര മുന്നറിയിപ്പ് നിബന്ധന നടപ്പാക്കിയതോടെ 205 രാജ്യങ്ങളുടെ ആഗോള റാങ്കിങ്ങില്‍ ഇന്ത്യ മൂന്നാമതെത്തി. കനേഡിയന്‍ കാന്‍സര്‍ സൊസൈറ്റി (സിസിഎസ്) ഇന്ന് പുറത്തിറക്കിയ സിഗററ്റ് പാക്കേജ് ഹെല്‍ത്ത് വാര്‍ണിംഗ്‌സ് ഇന്റര്‍നാഷണല്‍ സ്റ്റാറ്റസ് റിപ്പോര്‍ട്ട് പ്രകാരം 2014ലെ 136 സ്ഥാനത്തുനിന്നാണ് ഇന്ത്യ മുന്നേറ്റം നടത്തിയിരിക്കുന്നത്.

കാനഡയില്‍ കാന്‍സര്‍ മേഖലയില്‍ പ്രവര്‍ത്തിക്കുന്ന ഏറ്റവും വലിയ ജീവകാരുണ്യ സംഘടനയായ സിസിഎസിന്റെ റിപ്പോര്‍ട്ട് പരമ്പരയിലെ അഞ്ചാമത്തേതാണിത്. ഡല്‍ഹിയില്‍ നടക്കുന്ന ലോകാരോഗ്യ സംഘടന ഫ്രേംവര്‍ക്ക് കണ്‍വെന്‍ഷന്‍ ഓണ്‍ ടുബാക്കോ കണ്‍ട്രോളിന്റെ (എഫ്‌സിടിസി) ഏഴാമത് സഹകാരികളുടെ യോഗത്തിലാണ് റിപ്പോര്‍ട്ട് അവതരിപ്പിച്ചത്.

105ഓളം രാജ്യങ്ങള്‍ സചിത്ര മുന്നറിയിപ്പിനുള്ള മാര്‍ഗനിര്‍ദേശങ്ങളില്‍ അന്തിമതീരുമാനം എടുത്തുകഴിഞ്ഞു. പുകയില ഉത്പ്പന്ന പായ്‌ക്കേജുകളുടെ ഇരുവശത്തും 90 ശതമാനം സചിത്ര മുന്നറിയിപ്പുമായി നേപ്പാളാണ് ഒന്നാം സ്ഥാനത്തുള്ളത്. ഇരുവശത്തും 85 ശതമാനം സചിത്ര മുന്നറിയിപ്പുള്ള തായ്‌ലന്‍ഡിനൊപ്പം ഇന്ത്യ മൂന്നാംസ്ഥാനം പങ്കിടുന്നു.

വലിയ സചിത്ര മുന്നറിയിപ്പുകളുടെ പ്രായോഗികതയെപ്പറ്റി റിപ്പോര്‍ട്ടില്‍ പറയുന്നുണ്ട്. ഈ മുന്നറിയിപ്പുകള്‍ ദിവസം മുഴുവനും പ്രവര്‍ത്തിക്കുകയാണ്. ദിവസം ഒരു പായ്ക്കറ്റ് ഉപയോഗിക്കുന്നയാള്‍  പ്രതിദിനം 20 തവണയും വര്‍ഷം 7300 തവണയും പായ്ക്കറ്റ്് എടുക്കുകയും മുന്നറിയിപ്പ് ലഭിക്കുകയും ചെയ്യുന്നു. ഉപഭോക്താവിന്റെ കുടുംബാംഗങ്ങള്‍, സുഹൃത്തുക്കള്‍, സഹപ്രവര്‍ത്തകര്‍ എന്നിവരും ഈ മുന്നറിയിപ്പുകള്‍ കാണുന്നതായും റിപ്പോര്‍ട്ട് ചൂണ്ടിക്കാട്ടി.

ആരോഗ്യരംഗത്തെ പ്രവര്‍ത്തകര്‍, അധ്യാപകര്‍, വിദ്യാര്‍ഥികള്‍ ഉള്‍പ്പെടെ കേരളസമൂഹത്തിലെ വിവിധ തുറകളില്‍ നിന്നുള്ള വ്യക്തികള്‍ ഈ ഉദ്യമത്തെ പൂര്‍ണ്ണമനസോടെ രാജ്യത്തെ മറ്റുള്ളവരോടൊപ്പം പിന്തുണച്ചതായി ടുബാക്കോ ഫ്രീ കേരള ചെയര്‍മാന്‍ ഡോ. പോള്‍ സെബാസ്റ്റ്യന്‍ പറഞ്ഞു. സാംക്രമികേതര രോഗങ്ങളുടെ വ്യാപനം തടയുന്നതിനായി എല്ലാത്തരം പുകയില ഉത്പ്പന്നങ്ങളുടെ ഉപഭോഗത്തില്‍നിന്നും പിന്തിരിപ്പിക്കുക എന്നതായിരിക്കണം കൂട്ടായ ലക്ഷ്യമെന്നും അദ്ദേഹം പറഞ്ഞു.

നാല് രാജ്യങ്ങളില്‍ ബ്രാന്‍ഡ് പ്രദര്‍ശിപ്പിക്കാതെ പാക്കേജിംഗ് നിര്‍ബന്ധമാക്കിയതും, 14 രാജ്യങ്ങള്‍ ഈ തീരുമാനം പരിഗണിക്കുന്നതും ചൂണ്ടിക്കാട്ടി ബ്രാന്‍ഡ് പ്രദര്‍ശിപ്പിക്കാതെയുള്ള പാക്കേജിംഗിലേക്ക് ആഗോളതലത്തില്‍ നീക്കം നടക്കുന്നതായും സിസിഎസ് റിപ്പോര്‍ട്ട് പറയുന്നു. 2012ല്‍ ഓസ്‌ട്രേലിയയാണ് ഈ പാക്കേജിംഗ് ആദ്യമായി നടപ്പിലാക്കിയത്. അത്തരം പാക്കേജിംഗില്‍ ബ്രാന്‍ഡ് നിറങ്ങള്‍, ലോഗോ, ഡിസൈന്‍ ഘടകങ്ങള്‍ എന്നിവ നിരോധിച്ചിട്ടുണ്ട്. നിര്‍ദിഷ്ട രൂപത്തിലും രീതിയിലും വസ്തുക്കളുപയോഗിച്ചും മാത്രമേ പാക്കേജിംഗ് പാടുള്ളു. ബ്രാന്‍ഡ് പ്രദര്‍ശിപ്പിക്കാതെയുള്ള പാക്കേജിംഗ് സംവിധാനത്തില്‍ ആരോഗ്യ മുന്നറിയിപ്പുകള്‍ പ്രത്യക്ഷപ്പെടുന്നത് തുടരും. 
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Wednesday, 21 September 2016

Cigarette packs sport 85 per cent health warnings, finds study

Signalling the effectiveness of enforcement drives by Police, Health and Excise departments, findings of an independent observational study reveal that leading cigarette companies have switched over to the display of the new 85 per cent pictorial graphic warnings. 

The study conducted in June 2016 – just two months after the date of implementation of 85 per cent pictorial warnings on 1 April 2016 – revealed that all cigarette packs were compliant with the three labelling requirements: minimum size, language, and visibility of health warnings.

Hundred cigarette packs from ten brands of two tobacco companies were observed during the week-long survey conducted under the coordination of Voluntary Health Association in India. Trained field agents observed tobacco vendors including kiosks, small grocery stores, and street vendors in both high and low-income regions of Thiruvananthapuram, as a part of the survey in eight states of India. 

A similar analysis of 100 bidi packets showed that none of them was compliant to graphic health warnings. A follow-up quick observation survey in early September showed that bidis manufactured by a cooperative sector company in Kerala are compliant to the new rules. 

Field agents reported non-availability of smokeless tobacco products though there are media reports of their easy clandestine availability, especially near educational institutions.

It was on 1 April 2016 that the Government of India mandated that tobacco product packs bear 85 per cent pictorial warnings including 60 per cent pictorial and 25 per cent text on the principal display area on front and back measuring 3.5 cm in width and 4 cm in height. Smoking forms of tobacco products have to display the warning, “Smoking causes throat cancer”.

The Union Health Ministry, had in May 2016, written to all states to ensure that tobacco products without the mandated warnings be withdrawn from the market latest by 31 May 2016 and that tobacco products be allowed for sales only after printing, pasting or affixing the new warnings. 

The State Police Chief Shri Loknath Behera had directed South and North Zone ADGPs, Range IGs and District Police Chiefs to take action including confiscation of tobacco product packs without the stipulated health warnings. 

Thanking the enforcement efforts, Dr Paul Sebastian, Director, Regional Cancer Centre and Chairman, Tobacco Free Kerala said, “As many as 40,000 lives are lost in Kerala every year due to tobacco use. Large-sized pictorial warnings on tobacco product packs are the easiest way of communicating tobacco harms among children and persons with low literacy. The key is to prevent tobacco use initiation,” he added while acknowledging the support of medical professionals, students, teachers, and the Kerala public in the campaign for large pictorial warnings. 
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Saturday, 9 July 2016

Pictorial warnings more effective, says study

A study published in a medical journal finds that pictorial warnings are more effective than text-only messages in tobacco products. The study, which had more than 2,000 respondents, was done to gauge the perceived effectiveness of text and pictorial health warnings for smokeless tobacco packages and was conducted in Navi Mumbai and Dhaka.

The experimental study by Tobacco Control, an international peer-reviewed journal for health professionals and others, involved adult smokeless tobacco users aged over 19 and non-users. During the study, the respondents viewed warnings depicting five health effects in text-only, symbolic pictorial, graphical pictorial and personal testimonials formats.

"We have found that text-only warning were perceived as less effective than the pictorial styles. Graphic warnings were given higher effectiveness ratings than symbolic or testimonial warnings," said PC Gupta, Healis-Sekhsaria Institute for Public Health, one of the co-authors.

Interestingly, WHO has been advocating countries to adopt plain packaging with pictorial warnings to reduce tobacco consumption across the world. It had taken it up as a theme for 'World No Tobacco Day'.

This idea was successfully implemented by Australia in 2012 and, according to WHO, it has shown positive results. Presently, in India, pictorial warning is compulsory on 85% of the packet.

"Tobacco is the only consumer product that has no good use whatsoever apart of killing every third consumer. Tobacco is attributable cause of 50% cancers in India and majority of lung or heart diseases. Pictorial warnings is very effective and plain packaging is the need of the hour," said Dr Pankaj Chaturvedi, professor, head and neck surgeon, Tata Memorial Hospital.

According to WHO, the plain packaging is an important demand reduction measure that lessens the attractiveness of tobacco products, restricts the use of packaging as a form of tobacco advertising and promotion, limits misleading packaging and labelling, and increases the effectiveness of health warnings.

India is ranked at 136 among 198 countries in terms of prominence of pictorial health warnings on tobacco packaging and is ranked much below countries like Pakistan, Bangladesh, Nepal, Thailand etc., having higher proportion of pack warnings on the principal display areas of the tobacco packs.

Health experts also say that apart from emphasising on plain packaging with pictorial warnings on tobacco products, there should also be a robust tobacco cessation programmes. "90% of the people are aware that tobacco is harmful but they do not know how to quit it. We need a robust tobacco cessation programs in our government hospitals. In abroad, many countries like South Korea and Japan have started tobacco cessation programs to help their citizens quit tobacco," said Dr Lancelot Pinto, consultant respirologist at Hinduja Hospital.

What is plain packaging?
A generic, standardised or homogeneous packaging, refers to packaging that requires the removal of all branding (colour, imagery, corporate logo and trademarks). Permitting manufacturers to print only the brand name in a mandated size, font and place on the pack, in addition to the health warnings and any other legally mandated information such as toxic constituents and tax-paid stamp.

Source: DNA
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Monday, 30 May 2016

Get ready for plain packaging of tobacco products

Following Australia’s example, for this year's World No Tobacco Day on May 31 the World Health Organisation is calling on countries to “get ready for plain packaging of tobacco products”. Plain packaging refers to “measures to restrict or prohibit the use of logos, colours, brand images or promotional information on packaging other than brand names and product names displayed in a standard colour and font style (plain packaging)”.

Against all odds, Australia was the first country to successfully introduce plain packaging in 2012 and has since seen a decline in smoking.

The WHO’s call for action comes at a time when the tide is firmly turning against the tobacco companies. For instance, during the first week of May this year, the tobacco companies lost a long-run legal challenge against the European Union rules that force them to print graphic images on both sides that cover two-thirds of a cigarette packet.

It didn’t stop there. The Court said that the 28 member states can go beyond the requirements of the European directive and introduce plain packaging. According to a May 28 editorial in The Lancet, the European Court of Justice said last month that the new EU law on plain packaging was legal.

France, Ireland, and the U.K. have passed legislation that makes plain packaging mandatory from May 20 this year. All cigarette packets manufactured in these countries will have to be plain, standardised in the same drab green colour with the product name on the pack in a standard font.

Encouraging results
A little more than three years after Australia introduced plain packaging, and on the eve of the introduction of plain packaging in the U.K., Australia has reported that its plain packaging experiment is working well.

A post-implementation report published in February this year by Australia said: “The measure has begun to achieve its public health objectives of reducing smoking and exposure to tobacco smoke in Australia and it is expected to continue to do so into the future.”

Between December 2012 and September 2015, plain packaging together with enlarged graphic warnings and 25 per cent tax increase since 2010 reduced average smoking prevalence among Australians aged 14 years and over by 0.55 percentage points. This reduction is would result in at least 118,000 fewer smokers.

Also, experimental studies, surveys and focus group studies have also found that plain packaging achieves its objectives — deter young people from taking up smoking in the first place than making smokers to quit.

“Tobacco packaging is a mobile billboard promoting consumption of tobacco products. Tobacco packaging makes products more attractive, advertises and promotes tobacco consumption, distracts from health warnings and deceives people into thinking that some products are less harmful than others,” notes the WHO in a recently published report.

“If you strip back the decoration, gloss and misleading elements of tobacco packaging, you are left with little more than a box of deadly and addictive products that kills approximately 6 million people a year and harms the health of many more. Plain packaging helps reveal the grim reality of tobacco products,” the WHO report adds.

Uneven success
Although some countries have successfully taken on the Big Tobacco by introducing plain packaging, globally tobacco control has been very uneven. The “least compliant countries are often the ones with the highest rates of tobacco use,” notes the editorial. Hence it wants the global community to “remain vigilant to ensure a robust and even implementation of strategy across all countries”.

For instance, in the case of India, small and locally produced bidis are being displaced by cheap manufactured cigarettes, says a March 14, 2015 paper in The Lancet.

Despite tremendous pressure from tobacco companies India stood its ground by introducing pictorial warning covering 85 per cent of the front and back sides of all tobacco products. The next step for India should be to go in for plain packaging.

There is every reason for India to introduce plain packaging as nearly 1 million people die each year due to tobacco-related diseases. And like Australia, the taxes should be raised steeply to deter young people from smoking and chewing tobacco products.

Australia has reported that its plain packaging experiment is working well.

Source: The Hindu

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Tuesday, 24 May 2016

States told to withdraw tobacco packs without 85 per cent pictorial warning

The Centre has set May 31 deadline for the States and Union Territories to withdraw from the market tobacco products whose 85 per cent packaging space is not covered with pictorial warning.

A communiqué from the Tobacco Control Division of Union Ministry of Health and Family Welfare, New Delhi, dated May 20, 2015, has requested the Chief Secretaries of all States and Union Territories to take steps for strict enforcement of the new rules on pictorial warnings.

The Pictorial Warning Rules under Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA) 2003 had come into force from April 1, 2016. The communiqué said that packages not compliant with the new rules be allowed for sale “only by printing, pasting or affixing the new warnings thereon covering 85 per cent of the principal display area.”

Referring to continued sale of cigarette packets bearing a pictorial warning only on 40 per cent of the display area, U.S. Vishal Rao, member of Karnataka Government’s High Power Committee on Tobacco Control, told The Hindu that cigarette manufacturers were “misleading the public”.

Though the Union Health Ministry’s notification on the larger size of pictorial warning was issued in September last year to come into force from April 1, the cigarette manufacturers continued to mislead the public by restricting the warning to 40 per cent of the display space on one side. “The rest of the space, 60 per cent on one side and 100 per cent on the other, continues to be an advertisement,” he said.

Dr. Rao also said the stores had been directed to display the product in such a manner that the side of the cigarette packet without warning faces the public.

Meanwhile, most cigarettes packs available in Mysuru not only bore a pictorial warning that was restricted to just 40 per cent of the display area on one side, but also a packaging date that was prior to April 1, 2016, when the law on larger pictorial warning came into force.

Though wholesale cigarette dealers, speaking on condition of anonymity, said they did not possess any pack packaged prior to April 1, they did not rule out the possibility of retail shops and stores continuing to sell old stock.

Source: The Hindu
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Monday, 9 May 2016

The bumpy road to 85%: How tobacco packs came to have bigger warnings

A Supreme Court directive last week that tobacco packs would have to adhere to the 85% pictorial warning norm may have finally brought the curtains down on a long and bitter battle that had been raging in the country for about 19 months. Here’s all you need to know about the battle that has been as much about public health as it has been about politics and business. 

When was the decision taken to increase the size of pictorial warnings on tobacco packs to 85% of the principal display area instead of the original 40%?
The Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules 2014 were notified in October 2014 under which the size of the pictorial warning was to be increased, the intention being to reach out to people who may be illiterate, or may not notice small warnings. The larger warnings were to come into effect from April 1, 2015. Many believed the move was powered by then Health Minister Dr Harshvardhan’s firm commitment to the anti-tobacco cause — his sudden removal from the Health Ministry less than a month after the notification was issued, likewise led to frenzied speculation about the hand of the “tobacco lobby”.

How did the Committee on Subordinate Legislation come into the picture?
The Committee, among whose members is Allahabad MP Shyama Charan Gupta, the owner of a self-declared bidi empire that has an annual turnover of Rs 200-250 crore, suo motu decided to examine the notification soon after the first reshuffle of the Cabinet. It tabled an interim report in Parliament in March 2015, asking the Health Ministry to postpone the implementation of the warnings until it had managed to examine various aspects in greater detail. The report made a strong pitch for exempting bidis, saying: “Bidis are natural product and are very small as compared to cigarettes. As such, bidis should not be compared with cigarettes as far as rules are concerned… There is no alternative crops for bidi/tobacco farmers… The new rule that 85% of the bidi wrapper should contain horrific warnings etc. will cause the bidi industry to collapse.” Outside of Parliament, Committee chairman Dilip Gandhi got into another major controversy after he claimed that there was no Indian study to prove that tobacco actually causes cancer.

What was the response of the government? 
Immediately after the report of the Committee on Subordinate Legislation came in, the Health Ministry decided to put on hold the five-month-old notification, five days before it was to have come into effect. This, despite the fact that the report of the Committee was not binding on the government. There have been numerous instances of governments having gone ahead with decisions despite objections from Parliamentary panels — a recent example being the Juvenile Justice (Care and Protection) Act, 2015 that mandated that children aged between 16 and 18 years, who are accused of heinous crimes, may be tried under adult laws if certain conditions are fulfilled. Health Minister J P Nadda defended the decision saying he believed in stakeholder consultation. 

Did the government share the Committee’s concerns about the loss of livelihood for tobacco farmers etc.?
In its written reply to the Committee, the Agriculture Ministry said that alternative crops had been mapped out in regions engaged in tobacco production, so there would be no great implications for farmers’ livelihood. The crops thus identified were onion, chilli, maize and sunflower in Tamil Nadu; sugarcane, soyabean, groundnut and sorghum in Karnataka; potato, maize, wheat and mustard in West Bengal; and maize, sunflower, black gram and chickpea in Andhra Pradesh. 

So what forced the Health Ministry to move on the pictorial warnings? 
In August last year, the Rajasthan High Court, responding to a PIL, ordered the Centre and the state government to immediately implement the 2014 rules under the anti-tobacco law. “After hearing the learned counsel appearing for the petitioner and considering the research as well as orders passed by various High Courts and the Supreme Court, we find it imperative, and in larger public interest, to stay the operation of the corrigendum. The rules of 2014 will come into force immediately, and will be enforced by the Centre and the Government of Rajasthan,” stated the order, passed by a two-judge bench of the High Court on July 3, 2015. The Centre was forced to make a commitment that the rules would come into effect from April 1, 2016, exactly one year after its original date of implementation. 

And did the Committee on Subordinate Legislation too come round to the idea that 85% warnings on tobacco packets is a public health requirement? 
It did not. In its final report submitted in the Budget Session of Parliament this year, it said: “The Committee are of considered view that in order to have a balanced approach, the warning on the cigarette packets should be 50% on both sides of the principal display area instead of 85% of the principal display area as it will be too harsh and… will result in flooding of illicit cigarettes in the country.” On bidis, it held: “The Committee strongly feel that the Government need to re-consider their decision to cover bidi industry under the amended rules and recommend that a practical approach in the matter may be adopted by increasing the size of warning up to 50% on one side of the bidi pack, chewing tobacco and other tobacco, products namely zarda, khaini, misri etc. which will be feasible to follow and which would also ensure that a large number of people in the trade will be saved from being rendered unemployed.” 


Who went to the Supreme Court? 
The Karnataka Bidi Association had approached the apex court against the notification on the bigger pictorial warnings. “Tobacco manufacturers have a duty towards the society. Bigger pictorial warnings on tobacco products are necessary to educate people. They should know about its effect on health,” observed a Bench of Justice P C Ghose and Justice Amitava Roy.

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Thursday, 5 May 2016

Supreme Court reminds tobacco makers of their 'duty to society'

The Supreme Court on Wednesday reminded tobacco makers of their "duty to society" and to carry pictorial warnings spread over 85% of both sides of their packaging as mandated under the government's amended 2014 rules, staying a Karnataka High Court order that had prevented implementation of these rules.

"You owe a duty to society," a bench of justices Pinaki Chandra Ghosh and Amitava Roy said while staying the Dharwad bench order.

The earlier 2008 rules required pictorial warnings on just 40% of the packaging on one side.

The new rules mandate pictorial warnings that the industry has said are "gruesome", "gory" and "extremely repulsive", intended to "shock and terrorise the user" rather than being factual and intended to warn the consumer.

The industry has said that the images as well as the textual warnings prescribed are false and misleading. It has said there is no evidence to prove that the images on the pictorial health warnings are of tobacco­related diseases or tobacco consumers.

However, non­governmental organisation Health for Millions, which has been demanding its implementation, urged the court to impose a stay on the high court order.

The Cigarettes and other Tobacco Products (packing and Labelling) Amendment Rules,2014, made under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and regulation of Trade and Commerce, Production, Supply and Distribution), Act of 2003, were notified to take effect from April 1, 2016.

These were immediately challenged in different high courts. A plea was later made to transfer all these petitions pending in different high courts to the top court which could then deal with the legality of these rules. Instead the top court transt transferred all these pending cases to the Karnataka High Court for a decision.

The top court requested the Karnataka High Court chief justice to ensure that the case was disposed of within eight weeks and despite resistance from the tobacco companies asked them to implement the rules in the meantime. To facilitate this, the top court bench stayed a Dharwad bench order which had prevented these rules from coming into effect for now.

The Dharwad stay "shall not be given effect to till further orders of the Karnataka High Court", it said. Earlier, appearing for the Tobacco Institute of India, senior advocate Arvind P Datar, argued that these rules were "unreasonable", "arbitrary", "unforceable" and violative of the 2003 Act. Datar argued that no consultations were made with the industry before enacting rules which made it mandatory to carry such "gruesome" warnings.

The earlier rule, covering 40% of the packaging only on one side, cannot be overruled without any consultation as it has a huge socioeconomic impact on many sections, Datar argued. "The rules were ultra vires of the Act... as it does not empower the central government to prescribe the size of the warnings.

The Act merely requires the warnings to be legible, prominent and conspicuous as to the size and colour which were met by the unamended 2008 rules. This increase is completely arbitrary, unreasonable and is not based on any parameter," Datar said.

The industry association claimed that the new warnings would prevent tobacco makers from appropriately displaying their trademarks and would cause the market to be flooded with counterfeit products. It said that the tobacco crop directly and indirectly supports 38 million people engaged in production, processing, marketing and exports, including six million farmers.


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Wednesday, 13 April 2016

Golden Tobacco first to implement 85% pictorial health warnings

Health activists have welcomed the move by Golden Tobacco Company, among the oldest companies in the business of manufacturing tobacco items in India, to implement 85 per cent pictorial health warnings on both sides of their products.

Brands Panama and Golden Gold Flake are associated with the company.

The Union Health Ministry has written to all key government departments – Revenue, Commerce, External Affairs, Labour, Civil Aviation, and Tourism— to ensure that health warnings covering 85 per cent of the principal display on both sides of packages apply to all tobacco brands in India. The Ministry has also written to all Chief Secretaries of States/UTs to adhere to the policy.

“Golden Tobacco Company has shown that there are no issues in implementing the new health warnings. The arguments given by other tobacco companies are baseless,’’ said Binoy Mathew, senior programme officer at Voluntary Health Association of India.

He added that it if one company could comply with the rules, even others could.

“There is no evidence to suggest that introduction of large warnings ever had any adverse effect on the livelihood of people, while there is ample evidence to prove that millions of people in India face economic and health hardships because of their present engagement in tobacco farming, manufacturing of tobacco products, and related work,’’ read a statement released by the Voluntary Health Association of India.

Since tobacco is an addictive product, there cannot be any immediate impact, it added. Therefore, the introduction of larger pictorial health warnings is not likely to have an impact on the livelihood of farmers and other stakeholders.

Tobacco use is a leading cause of tuberculosis-related mortality in India. Pictorial warnings on packages create awareness about health consequences of tobacco usage, especially among youth, children, illiterate, semi-illiterate and the uninitiated, who are either the primary users of tobacco or who may be vulnerable to using tobacco products.
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Monday, 11 April 2016

Healthy, wealthy and wise: Why it’s important to invest in health

India’s policies on tobacco control perhaps best reflect the complexities that define the nation, discovered Dr Henk Bekedam when he switched on the television after arriving in Delhi as World Health Organisation Representative to India four months ago.

“I’m still amused when I see health warnings with scenes of someone smoking -- I don’t think I’ve haven’t seen it in any other country – and it shows high awareness, but despite that, India lags in two major issues of tobacco control, tobacco taxation and pictorial warnings,” says Dr Bekedam.

As an economist and medical doctor, he is more than familiar with complexity. The Dutch national has worked as a physician, obstetrician, gynaecologist, paediatrician and civil servant in Africa for seven years before doing a masters in economics at the London School of Economics. He joined the WHO in 1996, and his postings took him to China during the SARS outbreak in 2003 and to Cambodia to help government rebuild health systems destroyed by the Khmer Rouge.

Increase tobacco taxes
India’s new law that has made it mandatory for pictorial health warnings to cover 85% of the tobacco packages gets his approval, but its reluctance to substantially raise tobacco taxes offends both his economist and public health specialist sensibilities. “I’m very critical on tobacco taxation (policies in India). It’s one of the most efficient tools to stop people from smoking and a strong deterrent for deters people with some financial difficulty, mainly the young and the poor,” he says.

“It’s a win-win situation – your revenue goes up and people stop using something that may kill them, but in India, this knowledge is not being used properly,” says Dr Bekedam. “The increase in tobacco taxation has been very gradual, it’s actually less than inflation. And then there are exemptions – the tax on bidis is very, very little. So people who can’t afford cigarettes move to the cheaper product. Not raising taxes is almost like targeting the poor by making their access to something that can kill so easy. And I think it is very, very unfortunate,” he says.

“If you try to control tobacco use, there’s always this fight. The industry says you’re denying people something they like, people will lose jobs, revenue will fall etc, but it is for the government to decide whether it wants people to have easy access to something that can kill or not,” he says.

Health security drives consumption
“India has been neglecting health for quite some time and I don’t think there are very strong systems in place,” says Dr Bekedam. Investment in public health infrastructure must start now to have it in place by 2030.

Increasing public health spend using innovative solutions is a start. “The public health expenditure is a very low 1.1%, which puts India in the bottom quarter in the world in providing support to health. This has major consequences. Life expectancy is just one issue. A Harvard study found one extra year of life expectancy is equal to 4% GDP growth,” he says.

“If you do not invest in health, you put yourself at economic risk. Look at how Ebola devastated west Africa,” says Dr Bekeman. “What I like about the Modi government is its focus on economic growth, but what is not well understood is that if 60 million people are pushed into poverty because of healthcare bills, you can’t grow economically,” he says.

More certainty in health and education boosts economic growth. “In 2006, China became a big proponent of investing in the health and education sectors because they wanted to move from economic growth based on exports and infrastructure (roads and buildings) to domestic consumption,” says Dr Bekedam. “They wanted more people buying bicycles, cars and televisions and instead of saving money for health emergencies and education. Although I haven’t seen studies on saving rates in India, but I’m pretty sure Indians save a lot, and if health and education is taken care of, they will spend more,” says Dr Bekedam.

Insurance
He is unhappy that there was no real increase in health spending in the Budget. “There are many areas in public health that need Central support, such as health insurance. In China, they moved (health insurance) coverage from 20-25% of the population in 2002 to 90% in 2007!” he says.

Social health insurance has three dimensions, population coverage (number of people you want covered), the package being offer, and how much financial protection you want to give. “In China, partly for political reasons, they started increasing coverage quickly and kept the financial cover fairly low-30-40%. With the economic growth projected for India, you can play with these three factors –say, increase population coverage and then move to increasing the package and cover,” he says.

With the private sector providing 70-80% of services, there’s need to regulate and engage it to increase outreach. “India has to improve immunization and eliminate kala azar, leprosy and leishmaniasis, these are low-hanging fruits that need a final push,” says Dr Bekedam.

And the way to do it by building a stronger public health system. “You have it in some states, like Tamil Nadu, already. You need it in other states too,” he says. “Health needs to get the right attention and the government need to understand is how important is a healthy population for economic growth,” says Dr Bekedam.

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Tuesday, 5 April 2016

PMO backs Health Ministry on larger pictorial warnings on tobacco packs

The Prime Minister's Office (PMO) has backed the Health Ministry's decision to increase the size of pictorial warnings on packets of tobacco products from the current 40% to 85%.

The Health Ministry refused to roll back its decision despite mounting pressures from the tobacco product manufacturers in India.

Following the implementation of the new guidelines from April 1, many major manufacturers across the country decided to halt production, citing ambiguity on the graphic health warning on tobacco product packs.

It is said that the new policy has resulted in a daily loss of Rs 350 crore in production turnover for the tobacco industry.

However, senior officials in the health ministry maintained it is "firm on anti-tobacco stand" as it is a matter of public interest.

“We want to clarify that there is no ambiguity. This Cis a bogey raised by the tobacco industry. The case is crystal clear. We had issued the notification in September last year. If they had found an ambiguity, why did they send their letter in March, 2016,” a senior ministry official said.

The World Health Organization (WHO) has also backed the health Ministry's proposal to increase size of health warnings on tobacco packs.

A recent WHO report pointed out that smoking and tobacco-related diseases brought on a Rs. 1.04-trillion economic burden to the Indian economy.

The move has been welcomed by various health experts, citing that the health ministry could not take a better step than this to curb the tobacco-related deaths in the country, which currently stand at over 10 lakh.

Source: Zee News
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Saturday, 2 April 2016

85 pc tobacco warning: No ambiguity in policy, says govt

Slamming the decision of tobacco manufacturers to halt production, the Centre today hardened its stand on the implementation of larger pictorial warnings on such products, saying it will take all the necessary steps to curb tobacco use in the country.

The Union Health Ministry said there is "no ambiguity" in the policy in this regard and it has been made "crystal clear" that products packaged after April 1 will have to carry larger warnings.

"We want to clarify that there is no ambiguity. This is a bogey raised by the tobacco industry. The case is crystal clear. We had issued the notification in September last year. If they had found an ambiguity, why did they send their letter in March, 2016," a senior ministry official said.

"They could have done it earlier. Our stand is very clear. Whatever needs to be done to curb tobacco consumption, will be done. We have clarified that products manufactured after April 1 will have to carry larger pictorial warnings covering 85 percent of the display area," the official added.

The comments come a day after major cigarette manufacturers, including ITC, Godfrey Phillips and VST, decided to shut all their factories and stop production citing an "ambiguity" in the policy mandating larger pictorial warnings covering 85 per cent of the packaging space.

The ministry's September 24, 2015, notification for the implementation of the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014, which prescribes larger pictorial warnings on tobacco products came into force yesterday.

Sources said the ministry implemented the decision after the Rajasthan High Court directed it to do so. They added that the tobacco manufacturers "should go to the court if they have an issue with the government's notification".

Notwithstanding a parliamentary panel's recommendation for a drastic reduction in the size after it described the proposal for 85 per cent pictorial warning as being "too harsh", the Centre has gone ahead with its implementation. 

Source: Times of India

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Thursday, 31 March 2016

Lawyers insists on pictorial warnings on tobacco products

There is a groundswell of public opinion in favour of pictorial warning covering 85% of the packaging of cigarettes, bidis, chewable tobacco, etc. "We, the Lawyers-Against-Tobacco, urge you to show your golden heart and love for the nation by implementing 85% pictorial warning from 1st April 2016," says a letter written two days ago by Bar Association of Allahabad High Court to Prime Minister Narendra Modi.

"We felt very proud when your Government issued a notification 2 years back to make large pictorial warnings mandatory on every tobacco product. It was the need of the hour in a country where tobacco consumption starts at tender age of 10-12 years. Needless to say that effective pictorial warning will also deter uneducated people from picking up this habit..." says the letter, signed by Advocates Radha Kand Ojha and Ashok Kumar Singh, President and Hon. Secretary of the Bar Association, adding, "Considering the growing menace of tobacco which may ultimately affect our own kids, we have formed a coalition called Lawyers Against Tobacco."

The back story of this debate makes the blood boil with indignation. It is estimated that over 10 lakh Indians die of tobacco-related ailments every year, and the total health expenditure burden of tobacco use exceeds one lakh crore rupees, i.e. 12 per cent more than combined State and Central government expenditure on health (2011-12 statistics). The government's excise duty earning from tobacco barely covers a piffling 17 per cent of the health expenditure! But, ingoring this, the 15-member Parliamentary Committee on Subordinate Legislation, that included the bidi baron Shyama Charan Gupta, evidently feels that the tobacco industry deserves our sympathy and consideration. Just like last year, the introduction of pictorial warnings covering 85 per cent of the principal display area on both sides of all tobacco products hit a roadblock with the committee taking the position that increasing the size of the warning from the current 40 per cent on only one side of the packet to 85 per cent on both sides would be "too harsh" on the tobacco industry. It recommended a marginal increase to just 50 per cent.

Despite the overwhelming percentage of people consuming bidis and chewing tobacco, the committee is intent on diluting the warning on these products by restricting the warning to just one side of the bidi pack; only cigarettes will have the warning on both sides of the packet.

In a weak attempt to paint pictorial warnings as ineffectual, the committee has leaned heavily on the findings of a British American Tobacco company-sponsored study while overlooking a body of evidence gathered by independent researchers, which indicate that thanks to larger, graphic warnings, 58 per cent of smokers in Canada and nearly 54 per cent in Brazil and Thailand changed their opinion about the health consequences of smoking on seeing the warnings.

Source: Times of India

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Tuesday, 29 March 2016

Big pictorial warnings on tobacco products from 1 April

The government will go ahead with its decision to implement a rule requiring large pictorial warnings on tobacco products, said Amal Pushp, director (tobacco) in the ministry of health and family welfare (MoHFW).
He said that from 1 April, all tobacco products, including cigarettes, beedis and non-smoking tobacco, will have to contain pictorial warning covering 85% of the space on both sides of the packet.
“The ministry has issued a notification in February and we will continue with it,” said the official. Currently only 40% of the packet area is to be covered with pictorial warnings.
Implementation of the new rules came under doubt after a parliamentary committee recommended earlier this month that the size should be increased to only 50%. Even though the committee’s recommendations are not binding on the government, its timing led to uncertainty regarding implementation of new rules.
The ministry had approved new rules in October 2014, but could not implement them due to strong opposition from the tobacco lobby. It was only on 19 February this year that a notification was issued to tobacco manufacturers, distributors and retailers to notify health warnings “covering 85% of the principle display area.”
Doctors for Tobacco Control in India (DFTCI), an umbrella organization of groups advocating bigger pictorial warnings, wrote to health minister J.P. Nadda on 22 March, urging him to look into the matter after the parliamentary committee’s intervention.
“It is hugely disappointing to note that the Committee has repeatedly highlighted the ‘economic significance of tobacco’ in India, even in wake of recent evidence from a MoHFW report that treating tobacco related diseases costs India Rs.104,500 crore rupees, which amounts to a whopping 1.16% of India’s GDP (gross domestic product),” read the letter submitted by DFTCI.
Last week, many international organizations such as the American Cancer Society, the Nossal Institute of Global Health at the University of Melbourne, and World Health Federation, wrote to the health minister with similar requests.
 Source: Livemint
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Monday, 28 March 2016

Docs urge PM for new pictorial warnings on tobacco products

As many as 653 doctors and office-bearers of medical societies across the country have urged Prime Minister Narendra Modi to implement the new set of pictorial warning on tobacco product packages from April 1, to save millions of lives.

Doctors, cutting across specialties, in a letter, requested the Prime Minister to step in to prevent "powerful tobacco lobby" from subverting the anti-tobacco measures of the government.

"The country is 136th in the qualitative ranking of the pictorial warning on tobacco products. Large pictorial warning on tobacco packets is the most cost effective strategy to prevent youngsters from initiating use and provokes current users to quit the habit.

"We the doctors of India urge you to reject the recommendations of Committee on Subordinate Legislation (CoSL) that aims to promote tobacco industry rather than save innocent Indians from falling prey to this fatal addiction.

Effective pictorial warnings is all about awareness and it is being wrongfully equated with ban on tobacco," the letter said.

They quoted the Prime Minister's Facebook post on May 31, 2014, "Let's pledge to spread awareness on the risks of tobacco consumption & work to reduce tobacco consumption in India. Tobacco not only affects those consuming it but also people around. By saying no to tobacco, let us lay the foundation of a healthier India."

Dilip Acharya, Chairman of National Cancer Control Committee of Indian Medical Association, said, "In a country where vast majority of users are less literate, effective pictorial warning carries tremendous value.

"It is disheartening to note that the Parliamentary Committee has recommended a reduction in the size of the pictorial health warnings, especially since tobacco is linked to several debilitating and terminal diseases. Large and graphic health warnings, when repeatedly seen by children, will raise awareness about its effects," Acharya said.

Pankaj Chaturvedi, Professor and Surgeon at Tata Memorial Hospital, who has also signed the petition, said, "The FB message of Modi ji shows his personal commitment for this important public health issue. Plethora of medical evidence has proven beyond doubt that tobacco is the only consumer product that has no good use except causing disease, disability and death. We are very hopeful that he will do the best for the health of the nation."

"We now look to the Health Minister to continue his crusade against tobacco and implement the 85 per cent pictorial health warnings on both sides of tobacco packages on April 1, as planned, to save the Indian youth and children from tobacco initiation and addiction," Harit Chaturvedi Chairman, Max Institute Of Oncology and Director, Surgical Oncology at Max Healthcare.

Source: The Tribune
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