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The COTPA or Cigarettes and Other Tobacco Products {Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution} Act, 2003 is an act that specifies regulation related to tobacco products. This Act provides norms for the trade and commerce, production, supply, and distribution of cigarettes and other tobacco products in India.
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COTPA is an acronym used for Cigarettes and Other Tobacco Products Act. It is an act of Parliament of India that prohibits advertising cigarettes and other products containing tobacco. Additionally, it provides rules and regulations related to tobacco products. It was enacted by the Rajya Sabha on 9th April 2003 and on 30th April 2003 by the Lok Sabha.
The essential terms and their definitions under COTPA are as follows;
Advertisement: The term Advertisement means any visible representation of in the form of notice, circular, label, wrapper, document, etc. additionally, it also includes any announcements made orally or utilizing transmitting light, sound, smoke or gas.
Cigarette: means any roll made from paper or any other material containing tobacco. Also, such roll which is distributed as cigarette depending on its appearance, type of tobacco used in the filler, it’s packaging or labeling, etc. However, it does not include beedi, cheroot, and cigar.
Label: it depicts any written, marked, stamped, printed, affixed or appearing on the package
Package: this includes a wrapper, carton, box, tin or any other container
Production: means manufacturing beedi, cheroot, cigar, cigarette, pipe tobacco, chewing tobacco, pan masala, and chewing material containing tobacco, or any other item containing or including tobacco. The actions in “Production” include;
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Public place: It refers to a place to which anyone has access to. Such sites include auditoriums, public offices, hospital buildings, court buildings, railway waiting room, amusement park, restaurants, educational institutes, libraries, public transports, etc.
The COTPA has given numerous rules and regulations related to the use of tobacco products and restricting the advertisement of such products. The requirements of the Cigarettes[1] and Other Tobacco Products Act {COTPA} are as follows;
Furthermore, the COTPA also includes punishments if the provisions of the act are violated in any way. Such penalties include;
The Cigarettes and Other Tobacco Products or COTPA {Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution} Act, 2003 replaced the old rule supervising tobacco products namely, Cigarettes {Regulation of Production, Supply, and Distribution} Act, 1975.
Furthermore, the act compels the owner/in-charge of a public place to place a board containing the warning “No Smoking Area-Smoking here is a punishable offense” inside the premises of such public areas.
Moreover, the places where such tobacco products are sold must display appropriate messages like “Tobacco Causes Cancer” and “Selling of Tobacco Product to a person below the age of eighteen is a punishable offense,” etc.
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