Lok Sabha Question No. 1925 (UNSTARRED), answered on 2017-12-29
Subject: Advertisement of Tobacco Products
Ministry: HEALTH AND FAMILY WELFARE
Asked by: ANOOP MISHRA

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

LOK SABHA UNSTARRED QUESTION NO. 1925 TO BE ANSWERED ON   29 TH DECEMBER, 2017

## ADVERTISEMENT OF TOB ACCO PRODUCTS

## 1925. SHRI ANOOP MISHRA:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a)  whether  indirect  advertisement  is  used  by  smokeless  tobacco  products/  chewing  tob product manufacturers to circumvent increasingly restrictive tobacco control law;
- (b) if so, t he details thereof; and
- (c) the details of such erring companies along

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE ( SMT. ANUPRIYA PATEL )

- (a) & (b); Section - 5 of Cigarettes and Other Tobacco Products ( Prohibition of Advertisement and  Regulation  of  Trade  and  Commerce,  Production,  Supply  and  Distribution ) Act,  2003 ( COTPA 2003 ), prohibits advertisement of cigarettes and other tobacco products. Violatio any, are dealt as per the rule and actions are taken.

In a ddition to above,  Rule 7 (2) ( viii ) ( A ) of the Advertising Code of Cable Television Networks ( Regulation ) Act,  1995  provides  that  no  advertisement  shall  be  permitted  which promotes directly or indirectly production, sale or consumption of cigarettes, tobac co products, wine, alcohol, liquor or other intoxicants; provided that a product that uses a brand nam which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other in may be advertised on cable service subject to certain conditions prescribed thereunder .

One of such conditions prescribe that the same shall be previewed and certified b Central Board of Film Certification ( CBFC )as suitable for unrestricted public exhibition prior their telecast .

C BFC has clarified that they are not certifying advertisements for products which u same brand name or logo used for tobacco products in terms of the above Rule .

- ( c): As per the information received from States / Union Territories, the number of persons fined and amount collected for non - compliance of Section - 5 under COTPA, 2003 during the last three years is at Annexure .

……………………..

## Status of the number of people fined and amount collected under Section-5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003)

## As per the information received from the States/Union Territories for the period from April, 2014 to March, 2017

| States           | 2014-15                 | 2014-15                   | 2015-16                 | 2015-16                   | 2016-17                 | 2016-17                   |
|------------------|-------------------------|---------------------------|-------------------------|---------------------------|-------------------------|---------------------------|
|                  | Number of persons fined | Amount collected (in Rs.) | Number of persons fined | Amount collected (in Rs.) | Number of persons fined | Amount collected (in Rs.) |
| Assam            | 0                       | 0                         | 9                       | 5000                      | 41                      | 12550                     |
| Goa              | 0                       | 0                         | 0                       | 0                         | 2                       | 400                       |
| Gujarat          | 921                     | 63800                     | 2250                    | 155850                    | 2669                    | 198900                    |
| Karnataka        | 177                     | 0                         | 89                      | 0                         | 252                     | 0                         |
| Kerala           | 316                     | 43700                     | 216                     | 31900                     | 23                      | 22800                     |
| Uttar Pradesh    | 0                       | 0                         | 0                       | 0                         | 121                     | 54500                     |
| Punjab           | 0                       | 0                         | 5                       | 0                         | 0                       | 0                         |
| Odisha #         | 6385                    | 558660                    | 4201                    | 393592                    | 5542                    | 520480                    |
| Andhra Pradesh # | 0                       | 0                         | 1569                    | 191190                    | NR                      | NR                        |
| Rajasthan #      | 5330                    | 618419                    | 0                       | 0                         | NR                      | NR                        |
| Sikkim #         | 0                       | 0                         | 215                     | 30700                     | NR                      | NR                        |
| Tamil Nadu #     | 18138                   | 2297890                   | 0                       | 0                         | NR                      | NR                        |

# denotes Total number of persons fined/amount collected under Section-4, Section-5, Section-6(a), Section-6(b)  and  Section-7  of  COTPA,  2003  collectively  [for  the  year  2015-16,  the  data  is  till September, 2015 (except for Odisha, for which the data is for the full financial year)].

## Brief details of the above Sections under COTPA, 2003:-

-  Section 4: Ban on smoking in public places- to protect the health of non-smokers from harmful effects of tobacco smoke (second hand smoke).
-  Section 5: Ban on direct/indirect advertisement of tobacco products including sponsorship and promotion.
-  Section - 6a: Ban on sale of tobacco products to and by minors (less than 18 years of age).
-  Section -6b:  Ban  on  sale  of  tobacco  products  within  100  yards  of  educational institutions.
-  Section - 7: Display of specified health warnings on tobacco products packages.