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GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE
LOK SABHA
UNSTARRED QUESTION NO: 1925
ANSWERED ON:  29.12.2017
Advertisement of Tobacco Products
ANOOP MISHRA
Will the Minister of



HEALTH AND FAMILY WELFARE be pleased to state:-


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

(a) whether indirect advertisement is used by smokeless tobacco products/ chewing tobacco product manufacturers to circumvent increasingly restrictive tobacco control law;

(b) if so, the details thereof; and

(c) the details of such erring companies along


ANSWER
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. Violations, if any, are dealt as per the rule and actions are taken.
In addition 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, tobacco products, wine, alcohol, liquor or other intoxicants; provided that a product that uses a brand name or logo, which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants, 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 by the Central Board of Film Certification (CBFC) as suitable for unrestricted public exhibition prior to their telecast.
CBFC has clarified that they are not certifying advertisements for products which use the 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.
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