Selling Cigarettes In India Without Statutory Warnings

India has 267 million tobacco smokers, making it the country with the world's second highest number of tobacco users. Tobacco is currently smoked by around 100 million persons aged 15 and older and it is believed to be responsible for more than 1.2 million fatalities.^[1]

The most common method of communicating the health consequences of smoking is through health warnings on cigarette packaging. Graphic health warning labels on cigarette packets depict terrible images (e.g., autopsy photos, disfiguring body scars) that, when combined with text warnings, are intended to instil dread, educate about the health consequences of smoking, and urge people to quit smoking.

FDA (The United States Food and Drug Administration) has conducted and funded research into the impact of graphic health warning labels. Observational and experimental studies from around the world have found that graphic health warning labels are more easily recalled and generate more attention than text-only warnings, are associated with more negative cognitions about smoking, and are perceived as having greater effectiveness for preventing smoking and helping smokers quit.^[2]

To minimise tobacco consumption, the Government of India adopted the Cigarettes and Other Tobacco Products Act 2003 (COTPA 2003) (prohibition of advertisement and regulation of trade and commerce, manufacture, supply, and distribution) in 2004.

Section 7 of the act specifies restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products. Every packet of cigarette or tobacco product must carry the required warning, which includes a skull and crossbones as well as the other mandatory warning signs, according to the laws. Until the notice is issued, no one may distribute, trade, or import such cigarettes or tobacco products.^[3]

Section 8 requires that at least one of the largest panels of the box containing these products have the necessary warning. Every cigarette and tobacco product must bear a label indicating the nicotine and tar levels, as well as the maximum permitted limits for each cigarette or package. Sections 9 and 10 of the act go on to describe how the warning should be delivered.

Strict penalties are stipulated for the producer or manufacturer who fails to follow the warning regulations and also fails to reveal the details of the substances mentioned (section 20). For the first offence, the person faces up to two years in prison and/or a fine of Rs.5000. The act provides for a fine of up to Rs.10,000 and imprisonment for up to five years for further convictions. For the first conviction of selling or distributing cigarettes or tobacco products without warning or content, the penalty is imprisonment for up to one year and/or a fine of up to Rs.1000. Subsequent convictions will result in up to two years in prison and/or a fine of Rs.3000.^[4]

While the Cigarette and Other Tobacco products Act of 2003 (COPTA) prohibits the advertisement and sale of these goods without a statutory warning, foreign brands of cigarettes are sold without any Graphic warning. The allure of puffing a foreign brand cigarette is now not limited to metros, but even to rural towns, resulting in considerable demand. Cigarettes imported into the country are fuelling this need. These cigarettes are sold to wholesalers with a profit margin of around 45% on the import value. Smuggling has grown in popularity as a result of the high profit margins and rising demand.^[5]

Cigarette tax rates that are constantly growing give a lucrative opportunity for tax avoidance through illegal trade in both international smuggled and local tax evaded cigarettes.

Furthermore, strict laws such as Graphic Health Warnings encourage the illegal cigarette trade in India, as contraband cigarettes do not comply with government tobacco control regulations. According to a health department assessment, foreign brands, including those from China, can be found in malls and high-end retailers without any health warnings ,though the rule requiring health warnings on cigarette packaging applies to all products, whether made domestically or imported for duty-free sale. Even such cigarettes are sold in duty-free shops.

According to the report, more than 56% of smokers favour beautiful packaging of international smuggled brands that do not respect Indian laws such as pictorial warning on 85% of the cigarette packet.^[6]

Graphic warnings on cigarette packs will not stop the practice of smoking but it does deter smokers from buying more packs and has also proved to encourage people to at least try to quit. It is vital for the awareness of the great health risks that are a direct result of smoking and helps assert a negative attitude towards smoking.

Even though under the COPTA act it is mandatory for every cigarette pack to have a statutory warning including the ones that are imported the implementation of this law is abysmal.

Views are Personal.