Will cigarettes become a luxury?

Introduction:

The Ministry of Health and Family Welfare (Tobacco Control Division) has recently passed a document Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) (Amendment) Bill, 2020.

 Recently a telephonic survey was conducted by Consumer VOICE which claims to be a non-profitable organization. The survey was conducted in 10 states with ten languages over 1476 adults through computer-assisted telephone interviews where random jet random digital dial methodology was used. Therefore resulting over 80% of the surveyed people responded supporting the strengthening of the ongoing tobacco control law which says that and supports that banning smoking in all public places, eliminating particular smoking areas in airport, hotels, and restaurants, in addition to banning loose cigarettes and bidis are very necessary and is a considered to be a positive step towards the safer and healthy environment.

The bill has amended the cigarettes and other tobacco products. Several amendments were made in the Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution Act, 2003 what made in which individual sections were amended. 

Amendments and Rectification in the Act

1. Section 3 in which the definition of advertisement and production were retouched.
2. “Advertisement” means any audio or visual publicity, representation or pronouncement made utilizing any light, sound, smoke, gas, print, electronic media, internet or website or social media and includes through any notice, circular, label, wrapper, invoice, or other documents or device.” 
3. “Production”, with its grammatical variations and cognate expressions, includes the making of tobacco products and shall consist of- (i) Packing, labeling or re-labeling, of containers; (ii) Re-packing from bulk packages to retail packages; and (iii) The adoption of any other method to render the tobacco product marketable. 
4. Section 4 shall be omitted. 
5. In section 5 No person shall intend either directly or indirectly to advertise cigarettes or any other tobacco products via any medium, and no person shall intend to take part in any advertisement that shall either directly or indirectly promote the usage or consumption of cigarettes or any other tobacco products.”
6. Under Section 6, it has been made explicit that the sales, distribution of cigarettes, or any other tobacco product shall be omitted to any person under 21 years of age that earlier was 18years. The said section also mentions that there will be no distribution of such products within a radius of one hundred meters from any educational institution. 
7. Section 7 sub-section two has been laid down stating; states that are indulged in the trade and commerce in either a cigarette or of any kind of tobacco product shall be in sealed, intact, and original packaging.
   The section also mentions that no person shall, either directly or indirectly, produce, supply, or distribute cigarettes or any other kind of tobacco products unless every package of cigarettes or any other tobacco products made, supplied, or distributed by him is having minimum quantity as may be directed or prescribed.”
8. Insertion of a new section was made, i.e. 10A. It states that no person shall either directly or indirectly, supply or distribute, import, produce, sell, offers for sale, or permit the sale of illicit cigarette or any other kind of tobacco product. Also that how illicit cigarettes or any other tobacco product shall be identified, tracked, or traced may be specified in the rules made under this Act.
9. Section 20, which talks about the fine, was also amended. The fine for infringing any new laws and laws thereof mentioned would lead to a fine which can be extending to one- five lakh and punishment extended to seven years or both. 

Why ban loose cigarettes?

Some figures say that 70% of the Indian cigarette industry sells loose sticks, not boxes.

The banning of smoking in most public spaces, including the elimination of smoking zones in pubs, hospitals, and airports, the chewing of tobacco or its kind advertising prohibitions, and the ban on point-of-sale advertising shows was firmly preferred by 80 percent or more.

It makes it impossible for smokers to stop buying cigarettes in ones and twos rather than in a whole package and encourages them to slip in a cigarette at any hour of the day.

Around 59% of Indians agree that restricting the selling of loose tobacco would certainly deter smokers’ habits. The same was validated by smokers themselves, with 61% of Indians who smoke showing their consent.

Why there was a need for this new Amendment Bill?

To curb tobacco use and follow-up with the Cigarettes and Other Tobacco Products Act (COTPA) 2003, the Maharashtra state government banned loose cigarette selling and beedis selling. Before this, in the same year, Chhattisgarh prohibited the vending of loose cigarettes, while in 2017; Karnataka prohibited the trade and sale of loose beedis, cigarettes, and chewing tobacco.

Smoking and smokeless types of tobacco both have harmful impacts on wellbeing and lead to premature deaths. India is the third-largest tobacco-producing country and the world’s second-largest tobacco user.

Tobacco-related mortality in India is estimated at upwards of 1.3 million. One million of them are due to the smoking of cigarettes and the rest to the expending up of smokeless tobacco. Besides, according to the survey undertaken by The Indian Council of Medical Research (ICMR) entitled “Assessment of Burden of Diseases due to Non-communicable Diseases” based on the review of the literature published up to 2004, saying that the risk of diseases rooting due to tobacco use was of stroke (78 percent), for tuberculosis (65.6 percent), for ischaemic heart disease (85.2 percent), for acute myocardial infarction (85.2 percent) and acute myocardial infarction (85.2 percent).

More than 80% of all non-communicable diseases (NCDs) related deaths in India are due to four major conditions, i.e., according to the ‘Economic Burden of Tobacco-Related Diseases in India’ report (2014). Cardiovascular disorders; cancers; chronic and diabetic lung diseases. Tobacco mortality in India is estimated to be upward of 13.5 lakhs (Report on Global Adult Tobacco Survey, 2016-17).

If current trends persist and if successful action to control tobacco use is not taken, it is projected that tobacco use will account for 13% of all deaths in India each year by 2020. Therefore such action was made compulsory.[1] 

International Perspective

The United Kingdom, Sweden, and Norway have long been aware of and have seen substantial evidence of cigarette smoking’s adverse health effects and have responded appropriately, accompanying many other countries. However, the substitution of low-risk substitute goods was seen by people there as a way of trying to minimize the harm incurred by combustible cigarettes through thoughtful legislation. 

Internationally smokeless tobacco has been considered low-risk form which is called snus, Sweden has achieved the lowest smoking and tobacco-induced illness rates in Europe. By replacing vaping, the UK is significantly lowering the usage of tobacco. By product replacement, Japan has reduced tobacco sales by a third in just three years. Acting with consumer powers is much faster than pursuing a full moratorium on cleaner alternatives to deadly tobacco.

Even Cancer Research UK, which has a Memorandum of Understanding with India’s Government, has conducted punctilious research and concluded that vaping is comparatively less harmful than smoking. They also pointed out that while vaping products contain nicotine, addictive, it doesn’t cause cancer contrary to popular perception. 

Recently, the UAE and Seychelles have also taken an informed decision to move from prohibition of Electronic Nicotine Delivery System (ENDS) to regulation of the category.[2]

Will this ban on loose cigarettes amendment affect anyone?

The amendments made are all set to strike India’s tobacco industry significant time and present a dilemma for some of the biggest tobacco industries like ITC and Godfrey Phillips, and with the strict upcoming budget, the situations for this industry could only get more horrid. The Federation of Retailers Association of India has also called on the Prime Minister of the nation to revoke the planned COTPA amendments. The association proposed the reforms targeted killing small distributors and retailers without really touching the major retailers in India. 

Such a limitation is inefficient in crowded and densely populated towns. Without any way to sustain their livelihoods, local merchants would have to evacuate their places. Besides, if the ban near the new educational establishment enters within 100 m. of the location of the merchant and he would be then again asked to relocate that could cause him to lose in his business. 

Heeding to the latest analysis by the Global Tobacco Index, the tobacco industry, either directly or indirectly, also reaches out to the state or central government for improvements in support of the falling industry. The study referred to cases such as the ban on e-cigarettes and tobacco regulation, where corporate leaders have argued for reforms in government policy.

Conclusion

The changes are proposed to promote healthy living as there are almost 267 million Indians today who consume tobacco in one form or the other. Tobacco products will not be sold to persons under the age of 21. Within 100 meters of an educational facility, selling tobacco products would be forbidden. Loose cigarettes are not approved to sell at retail. Distributor(s) would require a compulsory license to be renewed annually. In order to display the adverse effects of cigarettes, all shops selling tobacco products must create publicity or advertising material. Smokers in India aren’t free to choose, as our government has prohibited all of the previously available free electronic smoke options. Though this amendment will target some industries but still on a positive page, it might reduce the squandering and consumption of cigarettes and tobacco leading a better and healthy environment especially among the millennial who has made smoking a code of status.   

---

References:

 [1] India, M., 2021. FAQs :: National Health Mission. [online] Nhm.gov.in. Available at: <https://nhm.gov.in/index1.php?lang=1&level=3&sublinkid=1122&lid=640#:~:text=Cardiovascular%20Diseases%3B%20Cancers%3B%20Chronic%20Respiratory,Survey%2C%202016%2D17).> [Accessed 16 February 2021].

[2] ETHealthworld.com. 2019. India’s huge tobacco burden and the need for harm reduction alternatives such as ENDS – ET HealthWorld. [online] Available at: <https://health.economictimes.indiatimes.com/news/policy/indias-huge-tobacco-burden-and-the-need-for-harm-reduction-alternatives-such-as-ends/69122083> [Accessed 16 February 2021].