Health For Millions Trust vs Union of India & Ors.

Sl.No.,2008 Labelling Rules,2014 Amendment Rules 1,"Notified on 28.11.2008 and came into force on 31.5.2009.",Notified on 15.10.2014 and came into force on 1.4.2015.

2,"Rule 3(1)(b) - Specified health warning shall occupy at least 40% of the principal display area of the front panel of the pack and shall be positioned parallel to the top edge of the package and in the same direction as the information on the principal display area:

Provided that for conical packs, the widest end of the pack shall be considered as the top edge of the pack.","Rule 3(1)(b) - Specified Health Warning shall cover at least 85% of the principal display area of the package of which 60% shall cover pictorial health warning and 25% shall cover textual health warning and shall be positioned on the top edge of the package and in the same direction as the information on the principal display area:

Provided that for conical package, the widest end of the package shall be considered as the top edge of the package:

Provided further that on box, carton and pouch type of package, the specified health warning shall appear on both sides of the package, on the largest panels and for cylindrical and conical type of package, the specified health warning shall appear diametrically opposite to each other on two largest sides or faces of the package and the specified health warning shall cover 85% of each side or face of the principal display area of the package of which 60% shall cover pictorial health warning and 25% shall cover textual health warning.

3,"Rule 3(1)(d) - no messages that directly or indirectly promote a specific tobacco brand or tobacco usage in general are inscribed on the tobacco product package.","Rule 3(a)(d) - no messages, images or pictures that directly or indirectly promote the use or consumption of a specific tobacco brand or tobacco usage in general or any matter or statement which is inconsistent with, or detracts from the specified health warning are inscribed on the tobacco product package.

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4,"Rule 3(1)(f) - the specified warnings shall be inscribed in the language/s used on the pack:

Provided that where more than one language/s is used on the pack the specified warning shall appear in two languages, one in which the branch name appears and the other in any other language used on the pack.","Rule 3(1)(f) - the textual health warning shall be inscribed in the language used on the package:

Provided that where the language used on a package or on its label is-

(a) English, the health warning shall be expressed in English;

(b) English and Indian languages, the health warning shall be expressed in English and any one of the Indian languages in which the brand name appears;

(c) Hindi and other Indian languages, the health warning shall be expressed in Hindi and any one of the Indian language in which the brand name appears;

(d) any Indian language, the health warning shall be expressed in such Indian language;

(e) Indian languages, the health warning shall be expressed in any two Indian languages in which the brand name appears;

(f) foreign language, the health warning shall be expressed in English;

(g) foreign and Indian languages, the health warning shall be expressed in English and any one of the Indian languages in which the brand name appears:

Provided further that the textual health warning shall appear in not more than two languages used on the package:

Provided also that the textual health warning in one language shall be displayed on one side or face of principal display area and the textual health warning in the other language shall be displayed on the other side or face of principal display area of the package.

5,Rule 3(1)(h) - xxxx,"Rule 3(1)(h) - every package of cigarette or any other tobacco product shall contain the following particulars, namely:-

(a) Name of the product;

(b) Name and address of the manufacturer or importer or packer;

(c) Origin of the product (for import);

(d) Quantity of the product;

(e) Date of manufacture; and

(f) Any other matter as may be required by the Central Government in accordance with the international practice.

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6,"Rule 5 - Rotation of specified health warnings.- The specified health warning on tobacco packs shall be rotated every two years from the date of notification of the rules or earlier, as the case may be, as specified by the Central Government.","Rule 5 - Rotation of specified health warning.-

(1) The specified health warning on tobacco product package shall be rotated every 24 months from the date of commencement of these rules or before the period of rotation as may be specified by the Central Government by

notification.

(2) During the rotation period, there shall be two images of specified health warning for both smoking and smokeless form of tobacco products and each of the images of the specified health warning shall appear consecutively on the

package with an interregnum period of 12 months.

(3) At the end of the 12 months period, the first image (image 1) of specified health warning shall be replaced with the second image (image 2) of specified health warning,

which shall appear for the next 12 months.

(4) At the end of each 12 months of the rotation period, the Central Government may allow the distributors, retailers and importers of cigarettes and other tobacco products a grace period, not exceeding two months to clear the old stock of package of tobacco products bearing the warning specified for the expired period of 12 months of the rotation

period.

(5) The distributors, retailers and importers of cigarettes and other tobacco products shall not distribute or sell any package having the specified health warning of the expired period of 12 months after the grace period of 2 months.