Table 1

Laws applicable for the regulation of SLT in India

Tobacco control policiesName of the lawApplied on SLTGaps/remarks
Mandate to label nicotine and tar contents on the packCOTPA Section 7(5)NoProvision yet to be notified.
Mandate to have excise stamp affixed on the packGoods and Services Tax Act (GST), 2017NoNo provision so far.
Prohibition on quantity, that is, loose sale or in a small unitCOTPANoNo provision so far.
Ban on use in public placesSection 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), 1860YesWith the COVID-19 pandemic several states and local authorities have banned sale and use of SLT in public places.
Pictorial health warning labels on packsCOTPA Section 7(1)YesEnforced since 2009, rotational since 2011.
Restriction on direct advertisement of tobaccoCOTPA Section 5YesComplete ban on all media except the internet since 2004.
Restriction on indirect advertisement of tobaccoCOTPA Section 5YesLack of enforcement. Copious violations everywhere.
Prohibition on sale of tobacco to and by minorsCOTPA Section 6 and Section 77 of the Juvenile Justice Act, 2015YesLack of enforcement. Copious violations everywhere.
Ban on sale and distribution of tobacco within 100 yards of educational institutionsCOTPA Section 6YesLack of enforcement. Copious violations everywhere.
Ban on use of tobacco and nicotine as an ingredient in any food itemRule 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation, 2011YesSale of twin and separate packs of pan masala and chewing tobacco continues.
Ban on advertisement and glamourisation of tobacco products in films and TVGuidelines 2(vi)(a) under Section 5B(2) of the Cinematograph Act, 1952 and COTPA Section 5YesWeak 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 onRule 7(2)(viii)(A) of the Cable Television Networks (Amendment) Rules, 2000YesIndirect advertisements continue in the name of mouth fresheners and other same company, same name, same colour products.
The requirement of weight, measurement, packaging and labellingSection 3 and Section 18 of the Legal Metrology Act, 2009YesSeveral tobacco products do not comply with this law.
Ban on use of plastic to pack tobacco productsRules 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
YesViolation of the rules continues.
Ban on the use of tobacco in toothpastes/tooth powdersSection 33-DDE of the Drug and Cosmetics Act, 1940YesViolation continues with sale of gul and creamy snuff.
Licence for manufacturing of tobacco38(1) of the First Schedule of The Industrial Development Act, 1950 under Sections 2 and 3(i)NoLicence is issued only for the manufacturing of cigarettes.
Tobacco taxationAnnual Finance Acts and now GSTYesTaxes 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 placesSection 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)YesImplementation 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.