The petitioner was arrested for possessing packets of “Cool Lip,” a tobacco pouch or snus consumed by placing the pouch between the cheek and the gum. The petitioner filed for a bail plea to be released from custody and the Madras High Court issued this order in response.
The Court found that there was a sudden increase in children using Cool Lip and it has a debilitating effect on children’s health and behavior. Further, although the product is banned in Tamil Nadu, it was being smuggled in from bordering states.
To advance public health and protect children, the Court issued detailed instructions to the State and Central Governments, including:
Arresting offenders who sell tobacco products near schools
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution.
(See FCTC Art. 16)
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products.
The petitioner was arrested for possessing packets of “Cool Lip,” a tobacco pouch or snus consumed by placing the pouch between the cheek and the gum. The petitioner filed for a bail plea to be released from custody and the Madras High Court issued this order in response.
The Court found that there was a sudden increase in children using Cool Lip and it has a debilitating effect on children’s health and behavior. Further, although the product is banned in Tamil Nadu, it was being smuggled in from bordering states.
To advance public health and protect children, the Court issued detailed instructions to the State and Central Governments, including: