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Judgment
Sl.No.,2008 Labelling Rules,2014 Amendment Rules
1,"Notified on 28.11.2008 and came into force on
31.5.2009.",Notified on 15.10.2014 and came into force on 1.4.2015.
2,"Rule 3(1)(b) - Specified health warning shall
occupy at least 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.","Rule 3(1)(b) - Specified Health Warning shall cover at least
85% of the principal display area of the package of which
60% shall cover pictorial health warning and 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 85% of each side or
face of the principal display area of the package of which
60% shall cover pictorial health warning and 25% shall
cover textual health warning.
3,"Rule 3(1)(d) - no messages that directly or
indirectly promote a specific tobacco brand or
tobacco usage in general are inscribed on the
tobacco product package.","Rule 3(a)(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.
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4,"Rule 3(1)(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
branch name appears and the other in any other
language used on the pack.","Rule 3(1)(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 of 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.
5,Rule 3(1)(h) - xxxx,"Rule 3(1)(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.
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6,"Rule 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.","Rule 5 - Rotation of specified health warning.-
(1) The specified health warning on tobacco product
package shall be rotated every 24 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.
(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 12 months.
(3) At the end of the 12 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 12 months.
(4) At the end of each 12 months of the rotation period, the
Central Government may allow the distributors, retailers
and importers of cigarettes and other tobacco products a
grace period, not exceeding two months to clear the old
stock of package of tobacco products bearing the warning
specified for the expired period of 12 months of the rotation
period.
(5) The distributors, retailers and importers of cigarettes
and other tobacco products shall not distribute or sell any
package having the specified health warning of the expired
period of 12 months after the grace period of 2 months.