Cigarettes and Other
Tobacco Products (Packaging and Labelling) Rules, 2008[1] [Amended
up to Noti. No. G.S.R. 592(E), dated 21-7-2022] [15th
March, 2008] In exercise of the powers conferred
by sub-section (1) of Section 7, sub-section (2) of Section 8, Section 10 and
Section 31 of the Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003 (34 of 2003), and in supersession of the Cigarettes and
Other Tobacco Products (Packaging and Labelling) Rules, 2006, except as
respects things done or omitted to be done before such supersession the Central
Government hereby makes the following rules, namely:— These rules may be called
the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules,
2008 and they shall come into force on such date[2] as
the Central Government may, by notification in the Official Gazette, appoint. In these rules, unless the
context otherwise requires:— (a) “Act” means the Cigarettes
and Other Tobacco Products (Prohibition of Advertisement and Regulation of
Trade and Commerce, Production, Supply and Distribution) Act, 2003; [3][(b) “package” shall have
the meaning as assigned to it in clause (i) of Section 3 of the Act;] (c)
“principal display area” means:— (i) for box type packages, two
equal sized largest surface area of the box that may be displayed or visible
under normal or customary conditions of sale or use; (ii) for pouch type packages,
the entire surface area of the pack that may be displayed or visible under
normal conditions of sale or use; (iii) for conical or cylindrical
type of packages, the entire curving area of the pack that may be displayed or
visible under normal or customary conditions of sale or use; (iv) for any other form or type
of package, the entire surface area of the pack that may be displayed or
visible under normal or customary conditions of sale or use; (d)
“specified health warning” means, such
health warnings as specified by the Central Government from time to time, in
the Schedule to these rules. (1) Every person engaged
directly or indirectly in the production, supply, import or distribution of
cigarette or any other tobacco product shall ensure that:— (a) every package of cigarette
or any other tobacco product shall have the specified health warning exactly as
specified in the Schedule to these rules; [4][(b) the specified health
warning shall cover at least eighty-five per cent (85%) of the principal
display area of the package of which sixty per cent (60%) shall cover pictorial
health warning and twenty-five per cent (25%) shall cover textual health warning
and shall be positioned on the top edge of the package and in the same
direction as the information on the principal display area: Provided that for conical
package, the widest end of the package shall be considered as the top edge of
the package: Provided further that on
box, carton and pouch type of package, the specified health warning shall
appear on both sides of the package, on the largest panels and for cylindrical
and conical type of package, the specified health warning shall appear diametrically
opposite to each other on two largest sides or faces of the package and the
specified health warning shall cover eighty-five per cent (85%) of each side or
face of the principal display area of the package of which sixty per cent (60%)
shall cover pictorial health warning and twenty-five per cent (25%) shall cover
textual health warning.] (c)
none of the elements of the specified
warning are severed, covered or hidden in any manner when the package is sealed
or opened; [5][(d) no messages, images or
pictures that directly or indirectly promote the use or consumption of a
specific tobacco brand or tobacco usage in general or any matter or statement
which is inconsistent with, or detracts from, the specified health warning are
inscribed on the tobacco product package.] [6][(e) no product shall be
sold unless the package contains the specified health warning: Provided that the specified
health warning shall be printed, pasted or affixed on every retail package in
which the tobacco product is normally intended for consumer use or retail sale,
as well as any other external packaging, such as cartons or boxes and will not
include other packaging such as gunny bags.] [7][(f) the textual health warning shall be inscribed
in the language used on the package: Provided that where the
language used on a package or on its label is— (a) English, the health warning
shall be expressed in English; (b) English and Indian
languages, the health warning shall be expressed in English and any one of the
Indian languages in which the brand name appears; (c) Hindi and other Indian
languages, the health warning shall be expressed in Hindi and any one of the
Indian language in which the brand name appears; (d) any Indian language, the
health warning shall be expressed in such Indian language; (e) Indian languages, the
health warning shall be expressed in any two Indian languages in which the
brand name appears; (f) foreign language, the
health warning shall be expressed in English; (g) foreign and Indian
languages, the health warning shall be expressed in English and any one of the
Indian languages in which the brand name appears: Provided further that the
textual health warning shall appear in not more than two languages used on the
package: Provided also that the
textual health warning in one language shall be displayed on one side or face
or principal display area and the textual health warning in the other language
shall be displayed on the other side or face of principal display area of the
package.] (g)
no tobacco product package or label
shall contain any information that is false, misleading, or deceptive, or that
is likely or intended to create an erroneous impression about the
characteristics, health effects, or health or other hazards of the tobacco
product or its emissions. This prohibition includes, but is not limited to, the
use of words or descriptors, whether or not part of the brand name, such as
“light”, “ultra light”, “mild”, “ultra mild”, “low tar”, “slim”, “safer”, or
similar words or descriptors; any graphics associated with, or likely or intended
to be associated with, such words or descriptors; and any product package
design characteristics, associated with, likely or intended to be associated
with, such descriptors. [8][(h) every package of
cigarette or any other tobacco product shall contain the following particulars,
namely— (a) Name of the product; (b) Name and address of the
manufacturer or importer or packer; (c) Origin of the product (for
import); (d) Quantity of the product; (e) Date of manufacture; and (f) Any other matter as may be
required by the Central Government in accordance with the international
practice.] No person shall sell or
supply any product, device, or other thing that is intended to be used, or that
can be used, to cover, obscure, mask, alter, or otherwise detract from the
display of specified health warning on the tobacco product package. This
includes prohibition to design the product package or parts of the package, or
accessories thereto, with any cover that may obscure the prescribed messages. (1) The specified health
warning on tobacco product package shall be rotated every twenty-four months
from the date of commencement of these rules or before the period of rotation
as may be specified by the Central Government by notification. [9][(2) During the rotation
period, there shall be two images of specified health warning which shall
appear consecutively on the package with an interregnum period of twelve
months.] (3)
At the end of the twelve months period,
the first image (Image 1) of specified health warning shall be replaced with
the second image (Image 2) of specified health warning, which shall appear for
the next twelve months: [10][Provided that the date of
coming into effect of the second image (image 2) of specified health warning,
shall be for all tobacco products manufactured or imported after the completion
of twelve months from the date of commencement of first image (image 1).] SCHEDULE (See Rule
3) [13][1. Components of
specified health warning The components for the
specified health warning shall include the following, namely— [14][(i) Textual Health
Warning.—For smoking and smokeless forms of tobacco products, the words
“TOBACCO CAUSES PAINFUL DEATH” in Image-1 and the words “TOBACCO USERS DIE
YOUNGER” in Image-2 shall appear in transparent font colour on a red background. The
words “QUIT TODAY CALL 1800-11-2356” shall appear in transparent font colour on a
black background. The intensity of color in the background of the textual
health warning shall be: White: C:0%, M:0%, Y:0% K:0%, Red: C:0%, M:100%,
Y:100% K: 0% and Black: C:0%, M:0%, Y:0% K: 100%. The textual health warnings
shall be printed with four colors with printing resolution of minimum 300 DPI
(Dots per inch). The font type and colour of the health warning shall be
exactly as uploaded on the
website www.mohfw.gov.in OR ntcp.nhp.gov.in] [15][(ii) Pictorial Health
Warning.—A pictorial representation of the ill effects of tobacco use on health
shall be placed above the textual health warning. It shall be printed with four
colours with printing resolution of minimum 300 DPI (Dots per inch). The
pictorial health warning should appear in the same colour and resolution
exactly as uploaded on the
website www.mohfw.gov.in OR www.ntcp.nhp.gov.in..] [16][2. The specified health
warnings shall be— (a) Image-1, shall be valid for
a period of twelve months following its commencement. Image-1 (b) Image-2, shall come into
effect following the end of twelve months from the date of commencement of
specified health warning of Image-1. Image-2 [17][3. Size of the
specified health warning. (1) The size of the specified
health warning on each panel of the tobacco package shall not be less than 3.5
cm (width) × 4 cm (height), so as to ensure that the warning is legible,
prominent and conspicuous. (2) The size of all components
of the specified health warning shall be increased proportionally according to
increase of the package size to ensure that the specified health warning covers
eighty-five per cent (85%) of the principal display area of the package of
which sixty per cent (60%) shall cover pictorial health warning and twenty-five
per cent (25%) shall cover textual health warning.] [18][4. Language. Each health warning shall
be specified in English, Hindi and any other regional languages. Appropriate
language combination shall be selected from the combination provided in the
(CD) to ensure that the language selected for health warning is in conformity
with the language used on the package by the manufacturer or importer or
packer.] 5. Printing. Subject to sub-paragraph
(2) of Paragraph 3 of this Schedule, while printing, it must be ensured that
the colour, intensity and clarity of all the components of the specified health
warning are not tampered with. [1] Vide Noti. No. G.S.R.
182(E), dated March 15, 2008. [2] 31-5-2009 [Vide S.O.
2815(E), dt. 28-11-2008]. [3] Subs. by G.S.R. 248(E),
dt. 13-4-2020 (w.e.f. 1-9-2020).Prior to substitution it read as: “(b)
“package” means any type of pack in which cigarette and other tabacco product
is packaged for consumer sale but shall not include wholesale, semi-wholesale
or poora packages if such packages are not intended for consumer use;” [4] Subs. by GSR 727(E), dt.
15-10-2014 (w.e.f. 1-4-2016). Prior to substitution it read as: “(b)
the specified health warnings shall occupy at least forty per cent (40%) of the
principal display area of the front panel of the pack and shall be positioned
parallel to the top edge of the package and in the same direction as the
information on the principal display area: Provided
that for conical packs, the widest end of the pack shall be considered as the
top edge of the pack;” [5] Subs. by GSR 727(E), dt.
15-10-2014 (w.e.f. 1-4-2016). Prior to substitution it read as: “(d)
no messages that directly or indirectly promote a specific tobacco brand or
tobacco usage in general are inscribed on the tobacco product package;” [6] Subs. by GSR 693(E), dt.
29-9-2008 (w.e.f. 30-11-2008). [7] Subs. by GSR 727(E), dt.
15-10-2014 (w.e.f. 1-4-2016). Prior to substitution it read as: “(f)
the specified warnings shall be inscribed in the language/s used on the pack: Provided
that where more than one language/s is used on the pack the specified warning
shall appear in two languages, one in which the brand name appears and the
other in any other language used on the pack.” [8] Ins. by GSR 727(E), dt.
15-10-2014 (w.e.f. 1-4-2016). [9] Subs. by G.S.R. 331(E),
dt. 3-4-2018 (w.e.f. 1-9-2018). Prior to substitution it read as: “(2)
During the rotation period, there shall be two images of specified health
warning for both smoking and smokeless form of tobacco products and each of the
images of the specified health warning shall appear consecutively on the
package with an interregnum period of twelve months.” [10] Subs. by G.S.R. 331(E),
dt. 3-4-2018 (w.e.f. 1-9-2018). Prior to substitution it read as: “Provided
that the date of coming into effect of the second image (image 2) of specified
health warning, shall be for all tobacco products manufactured or imported
after the completion of twelve months from the 1st day of April, 2016.” [11] Sub-rule
(4) omitted by G.S.R. 458(E), dt. 21-7-2020 (w.e.f. 1-12-2020). Prior
to omission it read as: “(4)
Notwithstanding anything contained in sub-rules (1) to (3), if the Central
Government does not amend the specified health warnings provided in Paragraphs
1 and 2 of the Schedule with the new specified health warnings for the next
rotation period, then the existing specified health warning (Image-2), shall
continue for a further period till the 30th day of November, 2020.” [12] Subs. by GSR 727(E), dt.
15-10-2014 (w.e.f. 1-4-2016). Prior to substitution it read as: “5. Rotation
of Specified Health Warnings.—The Specified Health Warning on tobacco packs
shall be rotated every two years from the date of notification of the rules or
earlier, as the case may be, as specified by the Central Government.” [13] Subs. by GSR 727(E), dt.
15-10-2014 (w.e.f. 1-4-2016). Prior to substitution it read as. [14] Subs. by G.S.R. 592(E),
dt. 21-7-2022 (w.e.f. 1-12-2022). [15] Subs. by G.S.R. 458(E),
dt. 21-7-2020 (w.e.f. 1-12-2020). [16] Subs. by G.S.R. 592(E),
dt. 21-7-2022 (w.e.f. 1-12-2022). [17] Subs. by GSR 727(E), dt.
15-10-2014 (w.e.f. 1-4-2016). [18] Subs. by G.S.R. 458(E),
dt. 21-7-2020 (w.e.f. 1-12-2020).Cigarettes and
Other Tobacco Products (Packaging and Labelling) Rules, 2008
