Smokeless tobacco control

Abstract

Recourse to litigation and positive judicial interventions is one of the most effective tools to meet public health objectives. The present review envisions compiling litigation and judicial measures in Southeast Asia Region (SEAR) while assessing their role in advancing smokeless tobacco (SLT) control, and equally highlighting, how tobacco industry has used litigation to undermine tobacco control efforts in the Region. The litigation, especially from the SEAR, up to 2017, that have facilitated SLT control or have been used by the tobacco industry to challenge an SLT control policy decision were reviewed. Most of the litigation related to SLT control from the Region are on pictorial health warnings. Bhutan has imposed a complete prohibition on sale, manufacture and import of all kinds of tobacco products and the litigation there relates to the prosecution of offenders for violating the ban. Judiciary in the Region is well informed about the ill-effects of tobacco use and remains positive to tobacco control initiatives in the interest of public health. In India, several SLT-specific litigation helped in better regulation of SLT products in the country. Litigation has compelled governments for effective enforcement of the domestic tobacco control laws and the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC). Parties to the WHO FCTC must now use Treaty Article 19 to strengthen their legal procedures and make the tobacco industry liable, for both criminal and civil wrongs.

Smokeless tobacco control in India: policy review and lessons for high-burden countries

“…There is a ban on the sale of tobacco products within 100 yards of an educational institution, but this provision is also violated in spite of several High Court orders directing the strict implementation of the provision. 12 One of the key measures recommended under Article 16 of the WHO FCTC to prevent minors access to tobacco, that is, the ban on the sale of tobacco products in loose or in small units, is not implemented, as more than 70% of the tobacco products are sold loose in the country. 15 Unlike the ban on smoking in public places, SLT use was not banned; however, some of the local jurisdictions in the country dealt with this by prohibiting spitting in public places.…”

“…11 However, a comprehensive response from all stakeholders is much needed to deal with the problem. 12 …”

White paper on smokeless tobacco & women's health in India

“…Although initially focused on cigarette smoking, regulation of SLT products has also increased in recent years. Legal decisions aided by the advocacy measures by civil society and non-governmental organizations have allowed to regulate and control the use of tobacco 55 56 57 58 59 . Despite all these measures to restrict the promotion of any form of tobacco products as well as dissemination of knowledge and awareness of adverse impact of tobacco use, nearly 45.3 per cent of women SLT users did not notice health-related warnings on SLT products, much higher than the male counterparts (21.5%) 12 .…”

Evidence on Article 5.3 of FCTC (Tobacco Industry Interference in Tobacco Control Activities) in India - A Qualitative Scoping Study

“…One of the vital tools for improving tobacco control is litigation, and judicial interpretations which have played a bene cial role by institutionalizing laws for tobacco control in many jurisdictions across the globe. However, it also remains one of the greatest challenges for the governments to protect tobacco control efforts from the litigation by the TI [29]. The TI interferes with the judiciary system and tobacco control activists to delay the process of decision making and implementation of the rules.…”