TOBACCO CONTROL LAWS

Hemant Goswami v. Godfrey Phillips

A lawsuit alleged that the Godfrey Phillips' “Red and White Bravery Awards” violate the advertising provisions of India's omnibus tobacco control law. The awards are part of a promotional campaign by Godfrey Phillips, a cigarette manufacturer, recognizing courageous people in Indian society. The cigarette company removed the words “Red and White” from the campaign, which addressed the original issue. The court also ordered the government to enforce the letter and spirit of other provisions of the law.

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Hemant Goswami v. Godfrey Phillips, W.P. No. 3131 of 2005, High Court of Punjab and Haryana (2005).

  • India
  • May 11, 2005
  • High Court of Punjab and Haryana

Parties

Plaintiff Hemam Goswami

Defendant

  • Godfrey Phillips
  • State of Haryana
  • State of Punjab
  • Union of India

Legislation Cited

Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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