Kerala Govt Imposes Complete Ban On Tobacco-Based Products

India, Kerala: Kerala government on Friday announced a complete ban on the manufacturing and sale of gutka products in the state and has become the second state to impose the ban after Madhya Pradesh.

Chief Minister Oommen Chandy, in a press conference on Friday, said the state government has imposed the ban on both manufacturing and sale of gutka/pan masala under the provisions of Food Safety and Standards Regulation Act, 2011.

"We are banning these products for the improvement of public health. Even though our state has a lot of advanced health centres and experts for cancer care, the use of gutka has brought a lot of suffering to the people of the state. The number of patients ailing from oral cancer has increased and this compelled us to act," Chandy said.

The government was forced to take such actions because of the increasing incidence of gutka-induced diseases like oral cancer. Chandy said that the health department took the banning step immediately and the Commissioner of Food Safety issued the notification, banning gutka/pan masala in Kerala on May 22.

The government would strictly impose the ban all over the state and will take strong action against people who are found violating it. "Violators of the law can be imprisoned for up to six years and a fine of Rs.500,000 (5 lakh rupees) will be imposed on them," Chandy said.

The ban forbids the production, storage, supply and the sale of products that contain tobacco and nicotine in whatever name it is obtainable in the market.

"A special official has been designated in each district who would be assisted by a team to see that the ban is enforced in the right manner," he said.

Chandy also said in the press conference that he has written a letter to Prime Minister Manmohan Singh asking for a total ban on these products in the country.

PM urged to ban sale of tobacco products

Seventeen regional cancer centres in India have urged the Prime Minister, Dr Manmohan Singh, to ban the sale of tobacco products like gutka and pan masala in the country.

“India has the highest number of oral cancer cases in the world with 75,000 to 80,000 new cases being reported every year and chewing of tobacco and gutka contribute to 90 per cent of oral cancer in the country,” Mr Jaydip Biswas, Director, Chittaranjan National Cancer Institute (CNCI), said here.

He said the 17 regional cancer centres, including CNCI, had decided to join hands to fight the menace and urged the Prime Minister in this regard.

In a communication to the Prime Minister, the regional cancer centre directors said that easy availability of the mixture of toxic substances, which contain areca nut (supari), slaked lime and certain food additives, in small affordable pouches in every nook and corner of the country, has become a serious health hazard.

According to the Global Adult Tobacco Survey (GATS) 2010, nearly one-third of Indian population is addicted to smokeless tobacco.

“A large number of children and youth in India are addicted to smokeless tobacco, which contains nicotine, which is highly addictive. There are 3,095 chemical components in tobacco, among them 28 are proven carcinogen,” Mr Biswas said.

The major and most abundant group of carcinogens is the tobacco-specific N-nitrosamines and N-nitrosoamino acid.

According to the GATS, 34.6 per cent adults consume some form of tobacco in India, 25.9 per cent adults use smokeless tobacco and 14.1 per cent of youth in India between 13-15 years of age currently use any form of tobacco products.

The survey said that about two in three adults notice advertisements on promotions of tobacco products. Three in five current tobacco users (61.1 per cent) notice the health warning on tobacco product packages and one in three current tobacco users (31.5 per cent) thought of quitting because of the warning label.

The CNCI director said the magnitude of tobacco-related cancer, on an average, was on an upward trend in eastern and north-eastern India.

“This is largely due to high prevalence of tobacco consumption,” he said, adding that there was not much control on production and sale of gutka which is sold everywhere.

The director said that to combat such a dreadful situation, a strong campaign was required to be launched to regulate production, sale and use of gutka and pan masala in greater public interest.

US trade opposes total FDI ban in India's tobacco sector

Five American trade bodies, including USIBC, have joined hands to oppose efforts of the Indian government to further restrict participation of foreign companies in India's tobacco market.

According to reports, the India's Commerce Ministry, on the request of Health Ministry, has proposed to put a complete FDI ban in the sector.

Currently, foreign direct investment (FDI) is completely prohibited in manufacturing of tobacco and its substitutes, while such investments are allowed up to 100 per cent in wholesale trading of cigarettes through the approval route.

In a letter to the Indian Ambassador to the US, Nirupama Rao, the US industry organisations said: "Some proponents of further restrictions have apparently cited public health as a justification, but since there is absolutely no difference in the health effects from consuming Indian or foreign tobacco products, that argument cannot be taken seriously".

Noting that the Indian market is dominated by domestic companies, it is hard to understand any concern about the ability of Indian industry to compete.

It said that 99.6 per cent of the market is held by domestic Indian companies and one large Indian company controls 80 per cent of the market.

"We fail to see the problem with companies investing in a manner that is consistent with Indian law.

"In short, the arguments of the proponents of additional restrictions do not contain a valid rationale, unless one considers valid the parochial political notion that India should be rid of even the minuscule foreign company competition that currently exists," the letter said.

The US organisations said that this issue raises serious concerns about India's willingness to stand by its proclamation to welcome foreign investors per current policy and calls into question India's adherence to its international obligations.

"With respect to the argument that the lawful wholesale business model enables foreign companies to invest in India in wholesaling and somehow this is viewed as problematic, we presume the Indian government intended to structure the law to enable foreign companies to invest in a wholesale business, while we recognise India's government has precluded investment in manufacturing," it added.

Further it said, India is a leading exporter of tobacco, and its manufacturing industry also sells tobacco products internationally, including in the US.

"In addition to the reported consideration of further restrictions on FDI in the tobacco wholesale business which on their face raise international obligation issues, we understand restrictions are also being considered in regard to the importation of tobacco products, including a possible import ban," it said.

Tobacco Companies File Lawsuit Against FDA for Warning Labels

Five tobacco companies filed a lawsuit Tuesday against the federal government, claiming that government-required graphic warning labels on cigarette packages are unconstitutional and that they violate their rights. 

"The primary complaint is that we think it violates the First Amendment for the government to require people who produce a lawful product to essentially urge prospective purchasers not to buy it," First Amendment case expert Floyd Abrams said.

The lawsuit was filed in the U.S. District Court for the District of Columbia. R.J. Reynolds, Lorillard, Commonwealth, Liggett, and Santa Fee Natural Tobacco are suing the Food and Drug Administration, FDA chief Margaret Hamburg, and Health and Human Services Secretary Kathleen Sebelius.

The FDA, to the companies' despair, revealed nine new warning labels in June.  The warning labels include a phone number for those who wish to quit, 1-800-QUIT-NOW. 

The FDA said that cigarette packages will display one of those new labels on half of each package September 2012.

Abrams says the tobacco companies don't have a problem with the written wording required by the latest FDA ruling.

Abrams said that "The government has lot of power to require warnings, but it doesn't require half of a cigarette pack to scream out, 'Don't buy this product!," CNN reported. "What is at issue is putting photographs of diseased people on every cigarette pack, include a phone number, and ask people to stop smoking. It's the direct advocacy to not buy the product, as opposed to a straightforward warning," he added. 

Tobacco use, the leading cause of both premature and preventable death in the United States, kills almost half a million people each year, the FDA said on its Web site.