Lok Sabha Question No. 2736 (UNSTARRED), answered on 2020-03-06
Subject: Violation of COTPA, 2003
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Krupal Balaji Tumane, Arvind Ganpat Sawant

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

## LOK SABHA UNSTARRED QUESTION NO. 2736 TO BE ANSWERED ON 06 TH MARCH, 2020

## VIOLATION OF COTPA, 2003

## 2736. SHRI KRUPAL BALAJI TUMANE: SHRI ARVIND GANPAT SAWANT:

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

- (a)  whether  the  Government  has  adopted  measures to  ensure  that  tobacco  and  pan - mas la packets hanging at small shops and kiosks to lure children are prevented sinc  doing so qual ifies as a means of advertising and is a direct violation of the COTPA, 2003 and its rules;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether it is a fact that the small shops and kiosks have been using surrogate methods of advertising with the intent of creating brand prominence through specific colour codes which resonate with certain cigarette brands;
- (d)  if  so,  the  details  thereof  along  with  the  action taken  by  the  Government  against  such surrogate means of advertisement ; and
- (e)  whether  the  Government  proposes  to  remove  the provisions  of  allowing  Point  of  Sale advertising under the COTPA, 2003 and if so, the details thereof?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE

## (DR. HARSH VARDHAN)

(a) & (b): As per Cigarettes and other Tobacco Products (Prohibition of Advertisement a Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA 2003) and the Rules made thereunder, the advertisement of cigarettes and other tobacco pr oducts is prohibited and specified health warnings covering 85% of principal display area has displayed on all tobacco products.

Further, the sale of tobacco products to and by persons below the age of eighteen y prohibited and tobacco produ cts are not to be displayed in a manner that enables easy access tobacco products to persons below the age of eighteen years. Cigarettes and any other t products

The  advertisement  of  Pan  Masala  is  regulated  by  Section  30  of  the  Food  Safety Standards  (Packaging  and  Labelling)  Regulations,  2011,  issued  under  the  Food  Safety Standards Act, 2006, which states that every package of Pan Masala and advertisement rel thereto, shall carry the warning, 'Chewing of Pan Masala is injurious to health'.

For effective implementation of the provisions of COTPA, 2003 and the Food Safety and Standards (Packaging and Labelling) Regulations, 2011 , Central and State Governments have notified  authorized  officers  from  various  Departments.  The  enforcement of  these  provisions primarily lies with the States/Union Territories.

(c) & (d): 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  produc provided that as per Proviso (b) of Section 5 of COTPA, 2003, the prohibition does not a advertisements at the point of sale. However, the Government vide regulations has speci fied the manner in which such point of sale displays can be done. Any violation of these provis punishable under COTPA, 2003.

Responsibility of enforcement of these provisions primarily lies with the States Territories.

(e): The target envisaged in National Health Policy, 2017 for relative reduction in prev of current tobacco use is 30% by 2025. The National Health Policy 2017 of the Government India identifies coordinated action on 'Addressing tobacco, alcohol and substance abuse' as one of the seven priority areas as outlined for improving the environment for health. Accor Nasha  Mukti  Abhiyan  Task  Force  (including  tobacco,  alcohol  and  substance  abuse)  wa constituted  to  formulate  a  detailed  'Preventive  and  Promotive  Care  Strategy'  for  addressing tobacco, alcohol and substance abuse (Nasha Mukti Abhiyan). Pursuant to its first meeting Working  Groups  viz.  Working  Group  on  Preventive  Aspects;  Regulatory  Mechanisms;  and Curative Aspects to formulate strategy for Nasha Mukti Abhiyan were constituted. The Working Group  on  Regulatory  Mechanisms  has  the  mandate  to  explore  the  existing  provisions  of concerned  laws/schemes  and  to  analyse  whether  any  amendment  is  required  in  the  exist provision/scheme.  The  re commendations  of  the  Working  Group  for  redrafting/modifying  the existing provisions of COTPA are awaited.