The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003 (COTPA) was a major step in India’s fight against tobacco consumption in India. The growing public health crisis caused by tobacco smoking prompted the creation of this comprehensive Indian law.
Before the enactment of COTPA, India had a high prevalence of tobacco-related illnesses, such as respiratory ailments, cardiovascular diseases, and cancer. Nicotine marketing and promotion targeted vulnerable groups, particularly youth, encouraging them to smoke and spread the nicotine epidemic.
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The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
On 18 May 2003, India enacted the COTPA to address the aforementioned issues and protect public health. The Act imposed rigorous tobacco control rules to achieve a smoke-free society and reduce the disastrous health effects of tobacco. The comprehensive tobacco control strategy rendered the COTPA successful legislation. COPTA bans public smoking to protect non-smokers from passive smoking. The Act aims to deter tobacco use, especially among children and youth.
The COPTA governs all matters relating to tobacco products’ production, supply, distribution, and trade. This Act was enacted following the Resolution passed by the WHO in its 14th plenary meeting held on 15 May 1986 and the 14th Plenary meeting held by the World Health Assembly on 17 May 1990, both of which sought to protect young children, pregnant women, and other special risk groups from the harmful effects of passive smoking.
Prohibition of Smoking in a Public Place
Section 4 of the COTPA Act includes rigorous rules for preserving public health by banning smoking in public spaces. Public places are any location accessible to the general public, or a portion thereof, irrespective of ownership, control, or intended use.
The smoking ban in these areas limits the exposure of non-smokers to passive smoke. Violation of this provision carries a maximum penalty of Rs 200.
Prohibition of the Advertisement of Cigarettes and Other Tobacco Products
According to Section 5 of the COTPA Act, the advertisement, promotion, or sponsorship of cigarettes or other tobacco products is strictly forbidden. The law acknowledges the conceivable impact of advertising on encouraging cigarette consumption, predominantly among young individuals.
This Section aims to reduce the appeal of tobacco products and discourage individuals from smoking. Furthermore, the act states that no person shall, for any benefit, direct or indirect, display, sell, distribute or exhibit any advertisement related to tobacco products. However, Section 5(3) excludes packages containing tobacco products to be displayed in a shop or warehouse where such products are sold.
The general display and sale of tobacco products is not prohibited. Under the COTPA, the intentional display, distribution, and exhibition of the said products for direct or indirect monetary benefit are not permitted.
Prohibition on the Sale of Cigarette or Other Tobacco Products to a Person Under the Age of 18 Years and in Particular Area
Section 6 of the Act enforces stringent guidelines related to selling cigarettes or any other tobacco-related items to persons under 18 years of age. To prevent minors from retrieving tobacco products, retailers and sellers must verify the age of customers before selling tobacco products. Furthermore, the law effectively restricts the sale of tobacco within 100 yards of educational institutions to discourage tobacco consumption among students and youth.
Restrictions on Trade and Commerce of Tobacco Products
Section 7 of the Act outlines the rules for the production, supply, distribution, trade and commerce of cigarettes and other tobacco products. The objective is to guarantee that these items are not readily accessible by the general public and are advertised according to set regulations.
The Act creates guidelines for the packing and sale of tobacco products, including the placement of designated health warnings to inform consumers about the damaging consequences of tobacco consumption. This section restricts import or trade of tobacco products unless the product packaging contains relevant warnings. The same restriction applies for manufacturers and they are prohibited from supplying or distributing any tobacco products or cigarettes if the packaging does not specify the nicotine and tar content along with the maximum permissible limit for the use of such products.
Manner in Which a Specified Warning is Made
Section 8 of the Act enforces an obligation to add cautionary messages on packages of cigarettes and other tobacco products in a legible and prominent font and size such that it contrasts with the background of the packaging or the label.
The warning labels are required to occupy at least 85% of the primary display area and should be printed in English and one or more Indian languages. The warnings highlight the health hazards connected to tobacco consumption and are intended to discourage individuals from buying and using such items.
Language in Which the Specified Warning is Expressed
Under Section 9 of the Act, the law mandates that the packaging of tobacco products must prominently feature warnings in English and one or more Indian languages. This provision widens the influence of the warning and is intended for individuals possessing limited proficiency in English.
Using local languages facilitates the broadcasting of information concerning the health hazards related to tobacco consumption in a more competent manner, particularly within varied societies across the nation.
Power of Entry and Search
By virtue of Section 12 of the COTPA, any police officer, including an officer not below the rank of sub-inspector or an officer of the State Food or the Drug Administration, is conferred with the authority to enter, inspect, and search any sites in case they have reasonable grounds to suspect infringement of the Act.
This Section grants law enforcement agencies the power to undertake necessary measures against wrongdoers and guarantee productive enforcement of the legislation. This Section states that the provisions made under the CrPC shall apply to the search and seizure performed under the COTPA.
Punishments under COTPA
Sections 20-24 of the Act prescribe the penalties applicable to a range of offences, including public smoking, selling tobacco products to people below 18, infringement of advertising terms, and other cases of non-adherence.
The conceivable penalties may cover fines and imprisonment, contingent upon the characteristics and gravity of the breach. These penalties are a means of discouraging individuals and traders from contributing to activities encouraging tobacco use and violating the provisions of the Act.
Conclusion
Through its comprehensive approach, the COTPA Act established its capability to have a concrete effect on plummeting tobacco use and ensuring the well-being of Indian citizens.
The Act recognizes the harmful effects of inactive smoking and highlights the necessity to guard nonsmokers from exposure to hazardous tobacco smoke by the strict ban on smoking in public places.
This Act has not only established smoke-free environments but has also encouraged a shift in societal norms, nurturing a culture that values public health and individual choices. Furthermore, the Act’s entire prohibition on advertising tobacco products has proven effective in battling the appeal associated with tobacco use.
The Act’s provisions on trade, commerce, production, supply, and distribution of tobacco products have not only streamlined business but also created a background for ensuring quality control and adherence to responsible packing and labelling procedures. This phenomenon contributed to the presence of prominent health warnings on tobacco products, increasing awareness of the considerable health hazards posed by the products.
FAQs on COTPA
What does the COTPA seek to achieve?
The primary objective of the COTPA is to curb the adverse effects of tobacco consumption and protect public health by keeping a check on the manner of advertisement, production, supply, and distribution of tobacco products including cigarettes.
Is smoking banned in all public places as per the COTPA?
The COTPA bans public smoking to ensure that non-smokers are protected against the known harmful effects of passive smoking.
What are the restrictions on tobacco advertising under COTPA?
The COTPA prohibits the advertisement of cigarettes and other tobacco products through various media channels to discourage tobacco consumption, especially among youth.
Is it illegal for a person below 18 to purchase tobacco products in India?
No, the COTPA Act strictly forbids the sale of tobacco products to individuals under the age of 18 to protect young people from tobacco addiction.
What penalties are attracted on violation of the COTPA?
The penalties for violations of the COTPA Act may include fines and imprisonment, depending on the nature and severity of the offence committed.
