Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution (Amendment) Rules, 2005

4 lHE GAZETI'E OF INDIA: EXTRAORDINARY MINISTRY OF HEALTH AND FAMILY WELFARE NOTIFICATION New Delhi, the 31st May, 2005 G.s.R. 345(£).- In exercise of the powers conferred by section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce. 1'roduction, Supply and Distribution) Act. 2003". the Central Government hereby makes the following rules to amend the Cigare ttes and other Tobacco Produds (Prohibition of Advertisement and Regulation of Trade and Commerce. Production. Supply and Distribution) RUles. 2004. namely:- l. ( 1) These rules may be called the Cigarettes and other Tobdcco Products (Prohibition of Advertisement and Regulation of Trade and Corr.merce, Produc tion. Supply and Distribution (Amendment) Rules. 2005. (2) They shall come into force on the 1st day of August 2oo5. 2. In the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production. Supply and Distribution) Rules, 2004 - {a} in rule 2. fhe following clause shall be inserted. namely.- "(e) 'Indirect advertisement' mentioned in section 5 (1) of the Ac t means: (i/ the vse of a name or brand of tobacco· products tor marl::eting, promoting or advertising other goods, services and events; (ii) the marlc:eting of tobacco products with the aid of a brand nome or lrademar~ which is l::nown as. or in use as. a name or brand lor other goods and service; (iii) the use of particular colour's and layout and/or presentation those are associated with particular tobacco products; and (iv) the use of tobacco products and smokihg situations when advertising other goodS and services." (b) tor rule 4, the following rule shall be substituted, namely.- "4. ProhlbiHon ol adverlisement of ·clgarett~s and other tobacco products. - (1 ) The size 'of the board used .for the advertisement of c igarettes and any other tobacco products displayed at the entrance of a warehouse oro shop where cigarelle or any other tobacco products is offered for sate shall not exceed sixty centimeters by forty-five centimeters. {2) Eoch such board shall contain in an Indian language as applicable. one of the fofloy.ting warnings occupying the top edge of the board in a prominent manner measuring twenty centimeters by fifteen centimeters. namely:- {i) Tobacco causes cancer. or . s (3) The health waming referred · to in sub-rule 2 must ~'~ prominent legible and in bloc!: colour with a white background. (4) The display board shall only list the type of tobacco products available and no brand pad shot, brand name of the tobacco product or other promotional message and piclure shall be displayed on the board. The display board shall not be backlit or illuminated in any manner. (5) The owner or manager or in-charge of the affairs of a place where cigarettes and other tobacco products ore sold shall not display tobacco products in such a way that they ore visible so as to prevent easy access of tobacco products to pe~>ons below the age of eighteen years. (6) No individual or a person or a character in cinema and television programmes shall display tobacco products or their use. Where. however. cinema and television programmes which have been produced prior to this notification hove scenes with smoking situations and use of other forms of tobacco. it shall be mandatory to place a health warning as a prominent scroll ot the bottom of the television or cinema screen with toni in black: colour on white background which is legible and readable. The text of fhe warning shall be 'Smol:ing causes cancer' or · 'Smol:ing l:ills' for smoking form of tobacco use and 'Tobacco causes cancer' or 'Tobacco kills' for chewing and other form of tobacco. The health warning shall be in the some languoge/s as used in the cinema or the television programme. (7) Wherever brand names or logos of tobacco products form a part of the pictures to be printed in any form of print or outdoor media or foo!age to be aired through any form of t:lectronic media. it shall be [ '11'111 ~ J(i)] mandatory fcx the media to aop ex most the same to ens~Xe that the brand names and logos of the tobacco products ore not visi>le." (c) in rule 5. the following clauses shall be added. namely.- "!3) The owner or the manager or the in-charge of the affairs of a place where cigarettes or other tobacco products ore sold shall ensure that no tobacco product Is sol9 through a vending machine in order to prevent easy access of tobacco products to persons below the age of eighteen years. (4) The owneJ or the manager or the inchorge of !he affais of a place where cigarettes or other tobacco prodl!cts ore sold shall ensure that· no tobacco product is handled or sold by a person below the age of eighteen years." IF. No. P· 16012/1f200S.PH1 BHAVANI THYAGARAJAN, Jl. Secy. Note:- The principal rules were published vide number GSR 137 dated 25" February. 2004.