The Allahabad High Court on Thursday issued a notice to the Board of Control for Cricket in India (BCCI), Sony Pictures Network and a Pan Masala manufacturing company for allegedly advertising and promoting tobacco products during the ongoing India Premier League (IPL) tournament.
According to the reports, a division bench comprising chief justice D.B. Bhosle and justice Yashwant Varma passed the order while hearing a Public Interest Litigation (PIL) filed by Prakash Kharwadkar in Kanpur. The petitioner Prakash Kharwadkar pointed out that the logo of ‘Shudh Plus’, which is one of the sponsors of IPL, is displayed on jerseys of the Gujarat Lions team and is against the law.
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He further stated that ‘according to the petitioner section 5 of COTPA (Cigarettes and Other Tobacco Products Act), 2003, one cannot advertise tobacco products like pan masala without providing statutory warning “chewing or consuming tobacco products is injurious to health” and it is prohibited.’
The petitioner further alleged that the jersey of the Gujarat Lions team carried the logo without the statutory warning and that the pan masala manufacturer was also carrying out an ad campaign with the tagline “Shudh Plus Khao IPL Jao”, which seemed like a direct promotion of a tobacco product.
The attempt by the manufacturer and organizers is a direct promotion of tobacco product as it appeals to a wide range of cricket lovers to consume its products. The Section 5 of COTPA Act disallows any kind of brand promotion of tobacco products and if someone violates the law for the first time, an imprisonment for a period extending up to 2 years or with a fine up to Rs 1000 or both can be given, said a report.
For a second violation, the imprisonment term moves up to 5 years and with a fine up to Rs. 5000. For contravention of this section, the advertisement and advertisement material may be forfeited by the Government.