Section 8. Manner in which specified warning shall be made
(1) The specified warning on a package of cigarettes or any other tobacco products shall be--
(a) legible and prominent;
(b) conspicuous as to size and colour;
(c) in such style or type of lettering as to be boldly and clearly presented in distinct contrast to any other type, lettering or graphic material used on the package or its label and shall be printed, painted or inscribed on the package in a colour which contrasts conspicuously with the background of the package or its labels.
(2) The manner in which a specified warning shall be printed, painted or inscribed on a package of cigarettes or any other tobacco products shall be such as may be specified in the rules made under this Act.
(3) Every package containing cigarettes or any other tobacco products shall be so packed as to ensure that the specified warning appearing thereon, or on its label, is, before the package is opened, visible to the consumer.
Judgements applying section 8
A common order disposing of over 50 writ petitions challenging police interference with hookah centers. The Court held that police have the power to inspect premises under COTP Act and direct restaurants to obtain specific permissions for smoking areas while ensuring public health standards.
DisposedOpenThe High Court allowed a writ petition seeking prosecution of a production company for violating COTPA by promoting tobacco use in a film. The Court directed the State Level Committee and Health Department to initiate and continue prosecution proceedings expeditiously and to take action against the CBFC for…
AllowedOpenHarsh Infinity Flavour Private Limited Vs Commissioner (Food Safety) Government of NCT of Delhi and Ors.
Writ Petition (Civil)The Court quashed notifications by the Commissioner of Food Safety banning smokeless tobacco. Ruling that tobacco is not 'food' and that COTPA exclusively governs tobacco products, the Court held the Commissioner lacked statutory power to ban these items under the FSSA.
Writ Petition (Civil)OpenK. Y. Tobacco Works Private Limited Vs Commissioner (Food Safety) Department of Food Safety Government of NCT of Delhi and Ors.
Writ Petition (Civil)The Single Judge held that the Cigarettes and Other Tobacco Products Act (COTPA) is a special law occupying the entire field of tobacco regulation, prevailing over the general Food Safety and Standards Act (FSSA).
Writ Petition (Civil)OpenIn a criminal petition against tobacco product violations, the High Court quashed proceedings in light of a prior common order (C.P. No. 3731 of 2018). The case was filesuomotu by police and covered by the earlier decision.
AllowedOpenSRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION Nos.4091, 4092, 4095, 4110, 4111 and 4093 OF 2022 COMMON ORDER:- These Criminal Petitions under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) are filed se
AllowedOpen
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The High Court quashed the orders rejecting muddamal applications against tobacco seized by police for violating the Cigarettes and Other Tobacco Products Act, 2003.
AllowedOpen