| Summary: | Background and challenges to implementation
The rules banning Point of Sale (PoS) Advertising under COTPA 2003 were stayed by
Bombay High Court in 2005-6 and the Government of India did not make any
particular efforts to get the stay vacated. In July 2013, in the matter of HFM
Trust v/s Union of India and Ors., the Supreme Court vacated the stay on PoS
and directed the Government of India to rigorously implement the Rules. The
Health Ministry issued necessary directives to the State Governments to ensure
steps are taken to curb PoS violations.
Intervention or response
One
year after the stay was vacated, VHAI decided to conduct a survey to assess
status of PoS compliance in Delhi; methods and strategies of PoS advertising
and whether minors have easy access to products. The sample size was 50 shops
chosen from each city zone, with a total of 250 shops/outlets and the
methodology involved observations and questionnaire.
Results and lessons learnt
96.4%
shops displayed PoS tobacco advertisements in varied forms. Implementation was
found to be weak and ineffective. All major brands of smoking and smokeless
tobacco were being advertised at points of sale. 60.8% shops did not have the
top front board as specified. 50.4% boards had health warning but alongside
other promotional messages, brand designs (only 36 shops had a warning board as
per specifications) 94.4% shops had tobacco product display, visible and
accessible to minors
Conclusions and key recommendations
Urgent
steps are required for effective implementation of PoS Rules across India as
the industry despite a court order is using points of sale to advertise tobacco
products through incentives and there is a need to capacitate and strengthen
enforcement mechanism and to streamline a system of regular raids with
penalties.
|
|---|
