All kinds of direct and indirect advertisement of tobacco products has been banned as per section 5 of Cigarette and Other Tobacco Product Act 2003.
"In view of this it is clear the said paan masala is being advertised as brand promotion of gutka/tobacco products which is misleading the consumer, especially the minors, and is a great violation of public health practice as per COTPA 2003.
"Though the onus of this violation of section 5 of COTPA lies upon the said tobacco company but by appearing in the advertisement you also become party to this violation under section 5 of the Act.
The Health Department had in January written to Bollywood actors Shah Rukh Khan, Saif Ali Khan, Govinda, Arbaaz Khan and Sunny Leone along with Ajay Devgn, urging them not to endorse pan masala products as they contain areca nuts, a potential cancer causing agent.
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Delhi government has also asked actors to join its anti-tobacco campaign to help save lives of lakhs of people who die due to oral cancer every year.
Government of Delhi has already filed an FIR against three major tobacco companies on the issue of surrogate advertisements and is waiting for the action taken report by Delhi Police.
Central Board of Film Certification (CBFC) chairperson
Pahlaj Nihalani who took part in the consultation suggested that after the national anthem, anti-smoking films should be shown in film theatres.
As per the Global Adult Tobacco Survey - India (GATS) conducted by the Health Ministry, 35 per cent of the adults in the age group of 15 years and above consume tobacco in some form or the other with 48 per cent males and 20 per cent females consuming tobacco in any form. Nearly two in five (38 per cent) adults in rural areas and one in four (25 per cent) adults in urban areas use some form of tobacco.
Of the tobacco forms depicted, cigarettes were the most often depicted and they were shown more often in prime time versus non-prime time hours (93 per cent vs 73 per cent).
"99 per cent of films with tobacco scenes implemented at least one of all the three elements of the Film Rules - anti-tobacco health spots, audio-visual disclaimer, and health warning as static message.
However, only 27 per cent of the films implemented all the key elements of the Film Rules fully and in the approved manner, the study said while asserting that one in two people who recalled any element of the rules said that it increased their concern about tobacco's health harm.
"One in three tobacco users said that viewing any of the elements of the Film Rules made them more likely to quit," the study said adding that 48 per cent of television programmes were found to carry unapproved and non-compliant anti-tobacco health warnings as static message.
"The film fraternity has played an extremely positive and a vital role in implementing the tobacco-free film and television policy. India has pioneered this policy and it would not have been possible without the support of the film and television industry. I would request them to join this movement against tobacco and help save precious lives," said Henk Bekedam, WHO Representative to India.