The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Summary of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
Key Provisions
1. Prohibit Advertisement: Ban on advertising cigarettes and other tobacco products.
2. Regulate Tobacco Industry: Control over trade, commerce, production, supply, and distribution.
3. Public Smoking Ban (Section 4)
• Prohibited Areas: All public places.
• Exceptions: Designated smoking areas in large hotels, restaurants, and airports.
4. Advertisement Ban (Section 5)
• Complete Prohibition: Across all media.
• Exceptions: Product packaging and restricted trade areas.
5. Restricted Sales (Section 6)
• Age Restriction: No sales to minors (under 18).
• Location Restriction: 100-yard radius around educational institutions.
6. Packaging Requirements
• Visible Warnings (Sections 7, 8): Prominent display, including pictorial warnings.
• Nicotine & Tar Disclosure (Section 7): Mandatory with maximum limits.
• Language and Size (Sections 9, 10): Warnings in package language, minimum font size.
7. Enforcement Mechanisms
• Search and Seizure (Section 12): Authorized officers empowered.
• Penalties (Sections 20, 21, 22, 24):
• Non-Compliant Packaging: Fines and imprisonment.
• Public Smoking: Fines.
• Illegal Advertising/Sales: Varied penalties including imprisonment.

Legislative History:

The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA)

Act Title- The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (commonly known as COTPA, 2003)

Act Number / Year- Act No. 34 of 2003

Act ID (India Code)- 200334

Presidential Assent Date- May 18, 2003

Enforcement Date- December 1, 2007

Nodal Ministry- Ministry of Health and Family Welfare

Precedent & International Rationale

1. Resolution of the 39th World Health Assembly (WHA) & WHO FCTC:

o Enacted to give statutory effect to Resolution WHA39.14 of the World Health Assembly, which urged Member States to implement comprehensive measures to protect non-smokers from involuntary exposure to tobacco smoke.

o Provided the legal framework for India to subsequently sign and ratify the WHO Framework Convention on Tobacco Control (FCTC) in 2004.

2. Constitutional Mandate:

o Aligned with Article 47 of the Directive Principles of State Policy (DPSP) under the Constitution of India, which imposes a primary duty on the State to raise the level of nutrition and standard of living and improve public health.

3. Inadequacy of the 1975 Act:

o Replaced the limited Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975, extending regulatory coverage beyond cigarettes to all non-cigarette tobacco products (bidis, chewing tobacco, gutka, cigars, pipe tobacco).

Parliamentary Trajectory & Enactment

• March 7, 2001: Introduced in the Rajya Sabha as The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Bill, 2001.

• March 2001 – November 2001: Referred to the Department-Related Parliamentary Standing Committee on Human Resource Development for examination and stakeholder consultations.

• December 1, 2007- came into force.

Source: Official Records of Parliament, India Code, and Ministry of Health and Family Welfare