Assessing Compliance of Tobacco Advertisement Promotions and Sponsorship Ban in India: Challenges, Opportunities, and the Way Forward

Abstract Tobacco consumption gets normalized with its positive portrayal through tobacco advertisement, promotions and sponsorship (TAPS) of tobacco products, to initiate or catalyze consumption. While the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) bans TAPS in India, it is prevalent through social media, cable television, sponsorship of cricket matches, music or award shows, school or college events, etc., and through brand stretching to nontobacco avenues like consumer goods, hotel chains, etc., COTPA shows internal inconsistencies in its short title, preambular aim, and provisions, which carve out an exception for advertising at points of sale. Ban’s implementation is also limited due to the expensive action-taking mechanism and limited fines. These lacunae are further exacerbated by the inconsistencies of COTPA with other laws governing trademarks, cable television, food safety, consumer protection, etc. that allow for the advertisement of cobranded products of tobacco companies. To address TAPS comprehensively in India, these inconsistencies need to be redressed, arguably through legislative amendments in COTPA and allied laws, better implementation mechanisms, simplifying seizure of evidence for presentation in courts, and prioritizing public health over commercial interests of tobacco companies in the judicial pronouncements.