Protecting-Youth-Enforcing-Health-Legal-Measures-Against-Tobacco-Use

Introduction

Tobacco consumption among children and adolescents is escalating into a global pandemic. The World Bank reports that approximately 82,000 to 99,000 young people worldwide start smoking daily. About half of these individuals continue smoking into adulthood, with half of adult smokers likely to die prematurely from smoking-related illnesses. If current smoking patterns persist, tobacco could claim the lives of nearly 250 million of today's children.

India, the world's second most populous country, is a diverse nation with numerous religions, cultures, and languages. Despite this diversity, India is the third largest producer and consumer of tobacco globally. Tobacco is consumed in various forms, with alarming prevalence among adolescents. Many adults addicted to tobacco began using it during their teenage years. The tobacco use landscape in India is complex due to the availability of various tobacco products. Adolescence and early adulthood, specifically ages 15 to 24, are the most vulnerable periods for starting tobacco use in India. Evidence suggests that 5% to 25% of Indian adolescents currently use or have previously used tobacco. Although smokeless tobacco is less commonly used overall, high usage rates have been reported among adolescents aged 13 to 15, with 15% of boys and 5% of girls using it.

Given the significant health risks linked to tobacco use, it is crucial to identify the factors contributing to its consumption and develop strategies to decrease its prevalence, especially in developing countries like India, where tobacco use remains widespread despite awareness of its harmful effects.

Legal Framework at International Level

The World Health Organization (WHO) has adopted a convention on the Prevention of Tobacco as the WHO Framework Convention on Tobacco Control (FCTC) globally. Part 3 of this convention outlines measures to reduce the demand for tobacco, including:

• Article 6: Price and tax measures to reduce the demand for tobacco - Increasing the cost of tobacco products through higher taxes to discourage consumption, particularly among price-sensitive groups like adolescents and low-income individuals.
• Article 7: Non-price measures to reduce the demand for tobacco - Implementing public smoking bans, advertising restrictions, health warnings on packaging, educational campaigns, smoking cessation programs, and regulations on tobacco product ingredients and labeling.
• Article 8: Protection from exposure to tobacco smoke - Creating smoke-free environments in public and private spaces to prevent exposure to secondhand smoke.
• Article 9: Regulation of the contents of tobacco products - Setting standards and restrictions on the ingredients and additives used in tobacco products.
• Article 10: Regulation of tobacco product disclosures - Requiring tobacco companies to provide detailed information about the ingredients, emissions, and health risks of their products.
• Article 11: Packaging and labeling of tobacco products - Designing packaging to include health warnings, branding, ingredient lists, and other regulatory information.
• Article 12: Education, communication, training, and public awareness - Informing and educating the public about the risks of tobacco use.
• Article 13: Tobacco advertising, promotion, and sponsorship - Prohibiting marketing activities by tobacco companies aimed at increasing tobacco use.
• Article 14: Demand reduction measures concerning tobacco dependence and cessation - Supporting individuals in quitting tobacco use through various interventions.

Legal Framework at National Level

The principal comprehensive law governing tobacco control in India is the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003 (COTPA). This Act was enacted before India became a Party to the WHO FCTC. Since then, various rules and amendments have been introduced to strengthen tobacco control measures.

On October 15, 2014, the government introduced new larger warnings via G.S.R. 727(E), increasing the warning size on tobacco packaging to 85% of both sides. The government implemented new rounds of warnings on September 1, 2018, December 1, 2020, and December 1, 2022, to further discourage tobacco use.

Health Impacts of Tobacco on Children

Tobacco products include any item containing, made from, or derived from tobacco or nicotine. The consumption of these products, such as smoking and using smokeless tobacco, contributes to various health conditions:

• Sudden infant death syndrome (SIDS) - Babies exposed to secondhand smoke are more likely to die of SIDS.
• Low birth weight - Mothers exposed to secondhand smoke while pregnant are more likely to have low birth weight babies, who are at higher risk for serious health problems.
• Weak lungs - Babies exposed to secondhand smoke can have weaker lungs, increasing their risk of health problems.
• More sick days - Children exposed to smoke have higher rates of bronchitis and pneumonia.
• Asthma - Secondhand smoke exacerbates asthma in children.
• Chronic lung problems - Exposure to smoke can cause chronic lung issues in school-aged children.
• Ear infections - Increased risk of ear infections and need for surgical intervention.

Advertising and Promotion of Tobacco

Section 5 of COTPA aligns with Article 13 of the WHO FCTC, banning direct and indirect tobacco advertisements. Despite these prohibitions, "on-pack advertising" and "point-of-sale (PoS) advertising" of tobacco products are allowed with certain restrictions. Full compliance with PoS-related rules is rare in India.

Further regulations are enforced by the Ministry of Information and Broadcasting (MoIB) through the Cable Television Network Rules (CTVN), 1994, which restrict advertisements of tobacco products. These rules have been amended to permit product advertisements considered "genuine brand extensions" of tobacco products, subject to certification by the Central Board of Film Certification (CBFC).

Enforcement and Compliance

Despite numerous legislations, enforcing tobacco control laws in India faces several challenges:

• Lack of awareness - The public and policymakers may not fully understand the health risks of tobacco use and secondhand smoke.
• Opposition from the tobacco industry - The tobacco industry may continue to oppose regulations.
• Legal challenges - Tobacco regulations can face legal challenges from commercial interests.
• Ineffective administration - The administrative structure may be ineffective in enforcing laws.
• Complaint-driven system - The enforcement system may rely too heavily on complaints.
• Lack of funding - Insufficient funding for enforcement efforts.
• Low prioritization - Enforcement may not be a high priority.
• Sanctioning penalties - Penalties may not be strong enough to deter tobacco use.
• Smuggling - Youth may smuggle tobacco products.
• Taxes - Evasion of taxes on cheaper tobacco alternatives like bidis.

Policy Recommendations

The government of India should focus on the following strategies to develop effective tobacco control policies:

• Monitor tobacco use and prevention policies - Systematically track tobacco consumption patterns and evaluate the effectiveness of prevention measures.
• Protect people from tobacco smoke - Implement smoke-free legislation to reduce exposure to secondhand smoke.
• Offer help to quit tobacco use - Provide support, resources, and interventions for individuals to quit using tobacco.
• Warn about the dangers of tobacco - Inform and educate the public about the severe health risks of tobacco use.
• Enforce bans on tobacco advertising, promotion, and sponsorship - Strictly enforce regulations prohibiting the marketing of tobacco products.
• Raise taxes on tobacco - Increase taxes on tobacco products to reduce consumption and generate revenue for public health initiatives.

Conclusion

Tobacco use poses significant health risks, particularly for children and adolescents. India, with its large and young population, faces a critical challenge in curbing tobacco consumption. Effective legislation and enforcement are essential to protect the health of young citizens and reduce the prevalence of tobacco use. Immediate actions, such as prohibiting influential personalities from advertising tobacco products and strengthening enforcement mechanisms, are crucial to mitigate the tobacco epidemic in India.

References

1. World Bank Tobacco Data
2. Tobacco Control Laws
3. CDC Youth Tobacco Use Fact Sheet

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Article Compiled by:-

Jamil Riyaz Ansari

(LegalMantra.net Team)

Disclaimer: Every effort has been made to avoid errors or omissions in this material in spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition In no event the author shall be liable for any direct indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information Many sources have been considered including Newspapers, Journals, Bare Acts, Case Materials , Charted Secretary, Research Papers etc.