Sri Lanka: Supreme Court Gives Tobacco Industry Interim Relief

Source from:  The Nation (lk)  09/23/2013

The Supreme Court on Friday (20) issued an interim order staying the gazette notice for 80 percent pictorial warnings on cigarette packs issued by Health Minister Maithripala Sirisena in a split decision of 2-1 by a panel of three judges. The interim order will be effective until January 22, 2014.

This decision came 408 days after the gazette announcement on August 8, 2012. Earlier in February 2013, the Court of Appeal had rejected a petition against the gazette notification filed by the Ceylon Tobacco Company (CTC). The CTC then petitioned the Supreme Court. The interim order was issued by a three member bench comprising of Justice Saleem Marzook, Justice Sathya Hettige and Justice Eva Wanasundera.

Health Minister Maithripala Sirisena had issued the gazette notification on making it mandatory to have pictorial warnings and text warnings in Sinhalese, Tamil and English, covering 80 percent of the surface area of the cigarette packets. He had issued this notification under the powers granted him by the National Authority on Tobacco and Alcohol Act No 27 of 2006.

The decision comes against the backdrop of an intense campaign by anti-tobacco activists which included posters and a well-attended demonstration as well as clear statements issued by the Chief Prelates of the three nikayas and prominent members of the clergy representing Christians, Hindus and Muslims calling for the gazette notice to be implemented.

Combined pictorial and text warnings have been made mandatory in several countries including Australia, New Zealand and Canada.  It had been found out that such warnings have been effective in preventing people, especially the young, from taking up smoking and convincing addicts to quit the practice. Enditem