TOBACCO CONTROL LAWS

Jagatmitra V. Union of India

The petitioner initiated public interest litigation about the illegal online sale of tobacco and related products and sought to establish stricter mechanisms for regulating online sales.  The court instructed the Ministry of Health and Family Welfare to take the necessary action to address the online sale of tobacco and related products.  

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Jagatmitra Foundation v. Union of India through Ministry of Health and Family Welfare & ORS, W.P.(C) 11429/2024 (2024)

  • India
  • Aug 20, 2024
  • High Court of Delhi

Parties

Plaintiff Jagatmitra Foundation

Defendant Union of India through Ministry of Health and Family Welfare & ORS

Legislation Cited

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

Constitution of India

Related Documents

None

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

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

Substantive Issues

Right to Health
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.

Type of Tobacco Product

Hookah, shisha, and water pipes
A single or multi-stemmed instrument for vaporizing and smoking flavored tobacco (shisha or sheesha) or other products in which the vapor or smoke is passed through a water basin ‒ often glass-based ‒ before inhalation. Water pipes are known by a variety of names such as hookah, huqqah, nargilah, nargile, arghila, and qalyan.
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