Day 10 saw the Counsel for the Tobacco Institute of India continue his arguments, challenging the 2014 Amendment Rules as being arbitrary and ultra vires the parent Act.
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Tag: packaging rules
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Day 9: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
On Day 9, the Counsel for the Tobacco Institute of India continued his arguments. The arguments focused on the 2014 Rules. Citing Rule 3(1)(b) juxtaposed with Section 7(4) read with Section 20 of COTPA, the Counsel argued that the Rules had the effect of amending Section 7(4).
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Day 7: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
Day 7 saw the continuation of arguments by the Counsel for the Tobacco Institute of India, which focused on Article 21 and whether the 2014 Rules exceed its mandate as against the provisions of the parent Act, namely COTPA.
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Day 6: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
The Counsel for the Tobacco Institute of India continued with his arguments on Day 6 of the hearing before the Karnataka High Court. The Counsel began by referring to a constitutional challenge to pictorial health warnings that were imposed on tobacco products, in the United States in the case of R.J. Reynolds v. FDA. The petitioners, in this case before the Trial Court (No. 11–1482, 2012 WL 653828) and consequently, the Court of Appeal [No. 11-5332 (D.C. Cir. Aug. 24, 2012)], sought to have this mandatory imposition declared as constituting “compelled speech”.
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Day 5: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
The hearing before the Hon’ble Karnataka High Court continued on Day 5 as the counsel for the Tobacco Institute of India cited decisions of the Indian and the US Supreme Courts, in support of the existence of a right to commercial speech within the ambit of Article 19(1)(a). The arguments on this day, focused mainly on proving that the petitioner’s right to commercial speech is being curtailed by the impugned rules notified by the Government which excessively restrict the ability to advertise on the packaging of tobacco products.