Laws applicable for the regulation of SLT in India
| Tobacco control policies | Name of the law | Applied on SLT | Gaps/remarks |
| Mandate to label nicotine and tar contents on the pack | COTPA Section 7(5) | No | Provision yet to be notified. |
| Mandate to have excise stamp affixed on the pack | Goods and Services Tax Act (GST), 2017 | No | No provision so far. |
| Prohibition on quantity, that is, loose sale or in a small unit | COTPA | No | No provision so far. |
| Ban on use in public places | Section 10(2)(1) of the National Disaster Management Act, 2005, Section 133 of the Criminal Procedure Code (CrPC), 1973 and Sections 268 and 269 of the Indian Penal Code (IPC), 1860 | Yes | With the COVID-19 pandemic several states and local authorities have banned sale and use of SLT in public places. |
| Pictorial health warning labels on packs | COTPA Section 7(1) | Yes | Enforced since 2009, rotational since 2011. |
| Restriction on direct advertisement of tobacco | COTPA Section 5 | Yes | Complete ban on all media except the internet since 2004. |
| Restriction on indirect advertisement of tobacco | COTPA Section 5 | Yes | Lack of enforcement. Copious violations everywhere. |
| Prohibition on sale of tobacco to and by minors | COTPA Section 6 and Section 77 of the Juvenile Justice Act, 2015 | Yes | Lack of enforcement. Copious violations everywhere. |
| Ban on sale and distribution of tobacco within 100 yards of educational institutions | COTPA Section 6 | Yes | Lack of enforcement. Copious violations everywhere. |
| Ban on use of tobacco and nicotine as an ingredient in any food item | Rule 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation, 2011 | Yes | Sale of twin and separate packs of pan masala and chewing tobacco continues. |
| Ban on advertisement and glamourisation of tobacco products in films and TV | Guidelines 2(vi)(a) under Section 5B(2) of the Cinematograph Act, 1952 and COTPA Section 5 | Yes | Weak enforcement of the law by the Central Board of Film Certification. |
| Ban on advertisements that promote directly or indirectly production, sale or consumption of cigarettes, tobacco products, and so on | Rule 7(2)(viii)(A) of the Cable Television Networks (Amendment) Rules, 2000 | Yes | Indirect advertisements continue in the name of mouth fresheners and other same company, same name, same colour products. |
| The requirement of weight, measurement, packaging and labelling | Section 3 and Section 18 of the Legal Metrology Act, 2009 | Yes | Several tobacco products do not comply with this law. |
| Ban on use of plastic to pack tobacco products | Rules 2(2) and 4(f) and (i) of the Plastic Waste Management Rules, 2016 under Sections 6, 8 and 25 of the Environment (Protection) Act, 1986 | Yes | Violation of the rules continues. |
| Ban on the use of tobacco in toothpastes/tooth powders | Section 33-DDE of the Drug and Cosmetics Act, 1940 | Yes | Violation continues with sale of gul and creamy snuff. |
| Licence for manufacturing of tobacco | 38(1) of the First Schedule of The Industrial Development Act, 1950 under Sections 2 and 3(i) | No | Licence is issued only for the manufacturing of cigarettes. |
| Tobacco taxation | Annual Finance Acts and now GST | Yes | Taxes remain short of the WHO recommendations of a minimum 75% tax share of the retail price of tobacco. |
| Ban on spitting and littering in public places | Section 133 of the CrPC, Sections 268 and 269 of IPC, state laws on spitting ban, other local laws and the Swachh Bharat Abhiyan (Clean India Mission) | Yes | Implementation of these laws remains a challenge. With the influx of COVID-19 pandemic several states and local authorities have revived and strengthened compliance. |
COTPA, Cigarettes and Other Tobacco Products Act; SLT, smokeless tobacco.