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The Union Health Ministry has written to the Maharashtra Government to indicate the action taken against the “Stardust” Magazine for violation under Section 22 of ‘The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003’. The Stardust Magazine in its Annual Issue 2004 carried an advertisement of ‘Marlboro’, which is a multi-national cigarette brand. It is clear from the contents of the magazine that this advertisement was published subsequent to 1st May, 2004, the date since which the Act is in force. The Ministry has also issued a show cause notice of three weeks to the Managing Editor, ‘Stardust’ Magazine, as to why action should not be initiated against them for violating the provisions of Section 5 of the Act under Section 22 of the said Act.
In a related case, the Ministry of Health and Family Welfare has also written to the General Manager (Marketing), M/s ITC Ltd. , Kolkata, issuing a show cause of three weeks, why action should not be initiated against them for violating the provisions of Section 5 of the Act (ibid) under Section 22 of the Act. M/s ITC Ltd. had launched a range of greeting cards under the brand name ‘Gold Flake Expressions’ which has the same logo, design and colour as the popular cigarette brand ‘Gold Flake’. As all the greeting cards have the logo printed both on the cards as well as on its cover, it amounts to indirect advertisement of the cigarette brand which is a violation of the above mentioned Act. Further, they have been requested to withdraw the said range of greeting cards with logo printed on it from the market.
The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 came into force w.e.f. 1st May, 2004. Section 5 of the Act prohibits direct and indirect advertisement of cigarettes and other tobacco products in both print and electronic media. It contains that no persons shall take part in any advertisement which directly or indirectly suggests or promotes the use or consumption of cigarettes or any other tobacco products. Further, Section 22 of the Act provides for punishment for advertisement of cigarette and tobacco products.
PM/NSR
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