Tobacco Packaging Laws: An Effectual Or An Ineffectual Effort?

There have been growing concerns associated with the ill effects of smoking. The Government has been trying to focus on the public heath measure side-lining the trademark related rights and commercial interest of the Tobacco companies, and 85% mandatory health warning display on the Tobacco boxes is a result of the same. Attempts have also been made to mandate plain packaging of tobacco products¹ and to prohibit sale of lose cigarettes and disallow indirect advertisements of tobacco products². The central objective behind all these attempts remains dis-incentivising sale of tobacco products.

The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 or COTPA, 2003 regulates trade, commerce, production, supply and distribution of cigarettes and other tobacco products in India. Rules³ were framed there under in 2008 by the ministry of Health and Family Welfare which