Tobacco Advertising Restrictions under COTPA

The Cigarettes and Other Tobacco Products Act, 2003 (COTPA) restricts the promotion of cigarettes and other tobacco products to reduce consumption and protect public health. Its Section 5 broadly prohibits direct and indirect tobacco advertising, while allowing only narrowly regulated displays connected with packaging and places of sale.

Scope of the prohibition

The prohibition is media-neutral and applies to every person participating in the advertising chain.

• A person engaged in producing, supplying or distributing tobacco products cannot advertise them.
• A person controlling an advertising medium cannot permit a tobacco advertisement through that medium.
• No person may participate in an advertisement that directly or indirectly suggests or promotes tobacco use.
• The Act defines advertisement broadly to include notices, circulars, labels, wrappers, documents and visible representations.

Promotion, sponsorship and displays

The Act regulates promotional practices beyond conventional advertisements.

• For direct or indirect financial benefit, a person cannot display or distribute tobacco advertisements or sell films or recordings containing them.
• Section 5(3) prohibits promotion of tobacco products, trademarks or brand names through sponsorship, gifts, prizes or scholarships.
• Section 5(2) provides limited exclusions for advertisements on tobacco packages and displays at the entrance or inside a warehouse or shop where tobacco products are sold or distributed.
• These exclusions remain subject to packaging requirements and the 2004 Rules, which regulate the form and content of point-of-sale displays and prohibit indirect promotion.

Penalty and enforcement

Contravention of Section 5 is punishable under Section 22.

• For a first conviction, punishment may extend to two years' imprisonment, a fine up to Rs 1,000, or both.
• For a second or subsequent conviction, punishment may extend to five years' imprisonment and a fine up to Rs 5,000.
• Advertising material connected with an offence may be forfeited under the Act after following the prescribed legal process.