A presentation by Hemant Goswami on How tobacco industry have managed to manipulate the public health agenda over the years. Quoting from the tobacco industry documents itself, Hemant demonstrated the tactics the industry uses to plant tobacco control legislations themselves to prevent any effective and powerful legislation from coming into effect.
Example of how Indian Tobacco Control law has been weakened by the industry influence has also been given by Hemant in the presentation.
A presentation by Hemant Goswami on How tobacco industry have managed to manipulate the public health agenda over the years. Quoting from the tobacco industry documents itself, Hemant demonstrated the tactics the industry uses to plant tobacco control legislations themselves to prevent any effective and powerful legislation from coming into effect.
Example of how Indian Tobacco Control law has been weakened by the industry influence has also been given by Hemant in the presentation.
Judgment: Fita vs the president of RSA and othersSABC News
South Africa, like the rest of the world, faces an unprecedented crisis following the
invasion of the COVID-19 virus, which poses a clear and present danger to human life.
Through the Disaster Management Act1
(“the Act”), the Government has imposed various
measures in an effort to combat the virus and contain its escalation. In particular, the
second respondent, the Minister of Cooperative Governance and Traditional Affairs (“the
Minister”) promulgated regulations pursuant to section 27(2) of the Act, which, amongst
others, prohibit the sale of tobacco products, e-cigarettes and related products as part of
the measures introduced to curb the escalation of the COVID-19 virus.
Ban on Tobacco Ads by GOI ‘The ethical dilemma’
The Indian government decided to ban advertising by tobacco companies as a first step towards its goal of discouraging smokers
The CONSTITUTIONAL REFERENDUM ON CUTTING THE NUMBER OF MPs telosaes
On 20 and 21 September 2020 a confirmatory referendum was held on whether or not to cut the number of Italian MPs. Where did the referendum come from and what were the steps of its approval process? What were the reasons that led to it? Which parties supported the Yes vote and which ones the NO vote? And Why? What happens
Presentation made at the National Bloggers Conference in Pakistan on April 18th 2009, under the Sindh Minsitry of IT at Regent Plaza Karachi.
Dr. Awab Alvi [Teeth Maestro - http://teeth.com.pk/blog] discusses the implications of Free Speech in Pakistan
In modern legal systems, referendums allow citizens to participate directly in democracy.
one of the first theorists and supporters of the referendum was Jean-Jacques Rousseau, who considered direct democracy the only way to ensure the formation of the general will.
Judgment: Fita vs the president of RSA and othersSABC News
South Africa, like the rest of the world, faces an unprecedented crisis following the
invasion of the COVID-19 virus, which poses a clear and present danger to human life.
Through the Disaster Management Act1
(“the Act”), the Government has imposed various
measures in an effort to combat the virus and contain its escalation. In particular, the
second respondent, the Minister of Cooperative Governance and Traditional Affairs (“the
Minister”) promulgated regulations pursuant to section 27(2) of the Act, which, amongst
others, prohibit the sale of tobacco products, e-cigarettes and related products as part of
the measures introduced to curb the escalation of the COVID-19 virus.
Ban on Tobacco Ads by GOI ‘The ethical dilemma’
The Indian government decided to ban advertising by tobacco companies as a first step towards its goal of discouraging smokers
The CONSTITUTIONAL REFERENDUM ON CUTTING THE NUMBER OF MPs telosaes
On 20 and 21 September 2020 a confirmatory referendum was held on whether or not to cut the number of Italian MPs. Where did the referendum come from and what were the steps of its approval process? What were the reasons that led to it? Which parties supported the Yes vote and which ones the NO vote? And Why? What happens
Presentation made at the National Bloggers Conference in Pakistan on April 18th 2009, under the Sindh Minsitry of IT at Regent Plaza Karachi.
Dr. Awab Alvi [Teeth Maestro - http://teeth.com.pk/blog] discusses the implications of Free Speech in Pakistan
In modern legal systems, referendums allow citizens to participate directly in democracy.
one of the first theorists and supporters of the referendum was Jean-Jacques Rousseau, who considered direct democracy the only way to ensure the formation of the general will.
Environmental Tobacco Smoke KillsSubmission to the Queensl.docxYASHU40
Environmental Tobacco Smoke Kills
Submission to the Queensland Government on the
Review of Tobacco and Other Smoking Products Act 2001
Bill Smith
For
John Kane
This assignment is approximately 1287 words in length
Contents
Introduction to Queensland Cancer Fund
…3
Environmental Tobacco Smoke
…3
Key Developments
…3
The Silent Killer
…4
Litigation
…4
Existing No Smoking Bans
…5
Benefits of Smoke Free
…6
Conclusion
…6
References
…7
Introduction to the Queensland Cancer Fund.
From a desperate need in the community during the 1960’s to address concerns regarding cancer, the Queensland Cancer Fund (QCF) was born. Forty years on, the QCF is strategising to continue raising funds to combat the dreaded disease and supply sufficient treatment facilities for cancer patients. The organisation remains a ‘not for profit’ firm, although employing a range of professional staff for the services provided. The activities conducted by the QCF are diverse, but structured to allow the organisation to achieve its aims that include advancing cancer research and treatment and to increase community awareness of cancer. Similarly, research into cures for cancer, facilities for patients, cancer help lines and education programs all represent key areas that the QCF are involved in.
Environmental Tobacco Smoke
This submission addresses the concerns of environmental tobacco smoke (ETS) in public places, namely pubs, clubs, casinos and restaurants that causes illness and death to workers and patrons. Research is extensive and supports the long held belief that tobacco smoke is harmful. It is fact that over 4000 chemicals are contained in tobacco smoke including tar, addictive nicotine, carbon monoxide and carcinogens that cause cancer (Jarred, 2001:2 and AHMAC, 2000:3). Passive smoking, as ETS is often referred to, occurs when non-smokers inhale smoke that is either exhaled or emitted by smokers. For the thousands of hospitality workers and patrons exposed to ETS in licensed premises, the proposed review by the Government of the Queensland Tobacco and Other Smoking Products Act 2001 is extremely overdue.
Key Developments
Scientific research first began to appear during the 1970’s linking passive smoking and respiratory diseases but it wasn’t until 1981 that medical research on the effects of passive smoking was first published (Hirayama cited Jarred, 2001:16). Decades later in 1995, the Herron Report recommended that smoking not to be permitted in enclosed places including restaurants and hotels. Further, the report suggested the inclusion of outdoor areas specifically for smokers and that employees not be forced to service these areas (PEHS, 2000: 4). A few years later, the National Tobacco Strategy 1999-2002/3 was endorsed by all State and Commonwealth Health and Police Ministers with the major aim being the reduction of exposure to environmental tobacco smoke. The Queensland Tobacco Action Plan 2000/01 – 2003/04 emerged soon a ...
Tobacco kills over 7 million people every year, which means that, every day, more than 19 000 people die from tobacco use or second-hand smoke exposure. Most tobacco-related deaths occur in low- and middle-income countries: populations that are targets of intensive tobacco industry marketing.
Tobacco can be deadly even for non-smokers: second-hand smoke contributes to heart disease, cancer and other diseases, causing around 890 000 premature deaths annually.
The scale of this devastation of human health is shocking, but these deaths are preventable.
Tobacco Lawsuits, Product Liability and the Importance of Medical Recordsmosmedicalreview
Medical records review plays a vital role in product liability cases such as tobacco lawsuits because it helps identify the particular health conditions and injuries sustained by the plaintiff.
Laws Regulating Drugs and Medical DevicesAshish vishal
This is the umbrella legislation which deals with regulation of drugs and medical devices in India. It is from Section 12 of this Act that the Central Government derives the power to make rules and as a result the Drugs and Cosmetics Rules, 1945 were formulated. https://www.rickychopra.co/
Laws regulating drugs and medical devices Ashish vishal
India has the 4th largest market for drugs and medical devices in Asia. The industry has been predicted to grow to be a $ 50 billion industry in less than 5 years by 2025.
This presentation questions? Can replacing the man behind the desk make the same system glorious. An evaluation of what India/ Hindustan got missed in the last 75 years. What could have been gained and what we failed to achieve. The presentation speaks about the "Continuity of the Colonial System."
"Industry Backed GM Science - Biggest Fraud of All Times" talk by Hemant Goswami at CSIR-NPL, Pune on GM Crops. The Symposium was organised by "Vijnana Bharti."
[Oct. 7, 2015]
Bt Toxin Science - Everything You Want to Know about, "WHY It's Not Safe?"Burning Brain Society
Dr. Purnananda Guptasarma, Ph.D (Professor & Head, Dept. of Biological Sciences @ IISER Mohali) speaks in a Public Debate on January 24, 2014 at MICROCON on "Why Bt is Not Safe?" during a Public Debate on GMO's.
You need to understand this to understand What's Wrong with Bt. GMO's.
Discussion on "Industry Driven Science" versus "True Science. Slide shows from Public Debate that took place on January 24, 2014 during "National Conference on Bio-Technology" at Punjab University.
Hemant Goswami, Chairman of "Tobacco Free World Foundation," analyze the movement and future direction fo the tobacco industry on the basis of recently registered patents and other "Intellectual Property" registration (IPR).
Indian Constitution defines “Right to Equality” guaranteed under Article 14, as; “Equality before law,” and reads as follows, “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” (Singhvi, 2008) Article 14 read along-with Article 21 i.e. ‘Right to life,’ has acquired a much broader meaning with the broadest possible concept of equality among all. This concept of equality certainly extends to ‘equal rights for all people to enjoyment and use of nature’s gifts.’ The Indian Supreme Court has upheld it many a times and often interpreted this right as overriding the rights of artificial juristic persons, i.e. corporate engaged in purely economic activities.
The question to be considered here is, “Is this right to equality is limited to people living/existing presently or does this right extend and transcend future generations too?” Is it to be inferred that a person yet to be born after 200 years also have the same right over nature? Does this mean that equality has to be maintained across generations too? Therefore, is this inter-generational equality not only a basic human-right but also an enforceable legislative and constitutional right? Can we monetize and attach a notional value to something which does not belong to us? How can a future generation, due to come after 200 or 500 years ensure equality with present generation? Is this inter-generational ‘Right to Equality’ enforceable, and can it be effectively legislated? How can the levels of this inter-generational equality be calculated?
What is science supposed to do?
Search for Truth
Science is to provide a basic understanding of the subject and contributes in sum-total of intellect
Application of science is intended to help improve the overall quality of life in a wholesome manner.
Science should help to foresee the future holistically (cause, effect and consequences, in all its dimensions) and help in forecasting and solving the future issues within the control of human beings; without disturbing the overall equilibrium in any manner.
Brief Discussion on Section 5 and issues of "Tobacco Advertisement, Promotion and Sponsorship." Hemant Goswami explains how Section 5 of the Indian Tobacco Control legislation applies to all surrogate tobacco advertisement and how brand stretching of tobacco in India is illegal.
Launch of India's first RTI Library.
An initiative by Citizens Voice and Servants of the People Society to make all public documents PUBLIC, bring in TRANSPARENCY, cut-off the red tape still prevalent. EMPOWER everyone, avoid duplication, fight CORRUPTION.
Hemant Goswami talked about the "Economics of Smokeless Form of Tobacco." This presentation is part of the talk about how smokeless variant of tobacco is overtaking the smoked version of tobacco. Strategies and possible actions are also being discussed.
Basavarajeeyam is an important text for ayurvedic physician belonging to andhra pradehs. It is a popular compendium in various parts of our country as well as in andhra pradesh. The content of the text was presented in sanskrit and telugu language (Bilingual). One of the most famous book in ayurvedic pharmaceutics and therapeutics. This book contains 25 chapters called as prakaranas. Many rasaoushadis were explained, pioneer of dhatu druti, nadi pareeksha, mutra pareeksha etc. Belongs to the period of 15-16 century. New diseases like upadamsha, phiranga rogas are explained.
Recomendações da OMS sobre cuidados maternos e neonatais para uma experiência pós-natal positiva.
Em consonância com os ODS – Objetivos do Desenvolvimento Sustentável e a Estratégia Global para a Saúde das Mulheres, Crianças e Adolescentes, e aplicando uma abordagem baseada nos direitos humanos, os esforços de cuidados pós-natais devem expandir-se para além da cobertura e da simples sobrevivência, de modo a incluir cuidados de qualidade.
Estas diretrizes visam melhorar a qualidade dos cuidados pós-natais essenciais e de rotina prestados às mulheres e aos recém-nascidos, com o objetivo final de melhorar a saúde e o bem-estar materno e neonatal.
Uma “experiência pós-natal positiva” é um resultado importante para todas as mulheres que dão à luz e para os seus recém-nascidos, estabelecendo as bases para a melhoria da saúde e do bem-estar a curto e longo prazo. Uma experiência pós-natal positiva é definida como aquela em que as mulheres, pessoas que gestam, os recém-nascidos, os casais, os pais, os cuidadores e as famílias recebem informação consistente, garantia e apoio de profissionais de saúde motivados; e onde um sistema de saúde flexível e com recursos reconheça as necessidades das mulheres e dos bebês e respeite o seu contexto cultural.
Estas diretrizes consolidadas apresentam algumas recomendações novas e já bem fundamentadas sobre cuidados pós-natais de rotina para mulheres e neonatos que recebem cuidados no pós-parto em unidades de saúde ou na comunidade, independentemente dos recursos disponíveis.
É fornecido um conjunto abrangente de recomendações para cuidados durante o período puerperal, com ênfase nos cuidados essenciais que todas as mulheres e recém-nascidos devem receber, e com a devida atenção à qualidade dos cuidados; isto é, a entrega e a experiência do cuidado recebido. Estas diretrizes atualizam e ampliam as recomendações da OMS de 2014 sobre cuidados pós-natais da mãe e do recém-nascido e complementam as atuais diretrizes da OMS sobre a gestão de complicações pós-natais.
O estabelecimento da amamentação e o manejo das principais intercorrências é contemplada.
Recomendamos muito.
Vamos discutir essas recomendações no nosso curso de pós-graduação em Aleitamento no Instituto Ciclos.
Esta publicação só está disponível em inglês até o momento.
Prof. Marcus Renato de Carvalho
www.agostodourado.com
Lung Cancer: Artificial Intelligence, Synergetics, Complex System Analysis, S...Oleg Kshivets
RESULTS: Overall life span (LS) was 2252.1±1742.5 days and cumulative 5-year survival (5YS) reached 73.2%, 10 years – 64.8%, 20 years – 42.5%. 513 LCP lived more than 5 years (LS=3124.6±1525.6 days), 148 LCP – more than 10 years (LS=5054.4±1504.1 days).199 LCP died because of LC (LS=562.7±374.5 days). 5YS of LCP after bi/lobectomies was significantly superior in comparison with LCP after pneumonectomies (78.1% vs.63.7%, P=0.00001 by log-rank test). AT significantly improved 5YS (66.3% vs. 34.8%) (P=0.00000 by log-rank test) only for LCP with N1-2. Cox modeling displayed that 5YS of LCP significantly depended on: phase transition (PT) early-invasive LC in terms of synergetics, PT N0—N12, cell ratio factors (ratio between cancer cells- CC and blood cells subpopulations), G1-3, histology, glucose, AT, blood cell circuit, prothrombin index, heparin tolerance, recalcification time (P=0.000-0.038). Neural networks, genetic algorithm selection and bootstrap simulation revealed relationships between 5YS and PT early-invasive LC (rank=1), PT N0—N12 (rank=2), thrombocytes/CC (3), erythrocytes/CC (4), eosinophils/CC (5), healthy cells/CC (6), lymphocytes/CC (7), segmented neutrophils/CC (8), stick neutrophils/CC (9), monocytes/CC (10); leucocytes/CC (11). Correct prediction of 5YS was 100% by neural networks computing (area under ROC curve=1.0; error=0.0).
CONCLUSIONS: 5YS of LCP after radical procedures significantly depended on: 1) PT early-invasive cancer; 2) PT N0--N12; 3) cell ratio factors; 4) blood cell circuit; 5) biochemical factors; 6) hemostasis system; 7) AT; 8) LC characteristics; 9) LC cell dynamics; 10) surgery type: lobectomy/pneumonectomy; 11) anthropometric data. Optimal diagnosis and treatment strategies for LC are: 1) screening and early detection of LC; 2) availability of experienced thoracic surgeons because of complexity of radical procedures; 3) aggressive en block surgery and adequate lymph node dissection for completeness; 4) precise prediction; 5) adjuvant chemoimmunoradiotherapy for LCP with unfavorable prognosis.
Ozempic: Preoperative Management of Patients on GLP-1 Receptor Agonists Saeid Safari
Preoperative Management of Patients on GLP-1 Receptor Agonists like Ozempic and Semiglutide
ASA GUIDELINE
NYSORA Guideline
2 Case Reports of Gastric Ultrasound
Knee anatomy and clinical tests 2024.pdfvimalpl1234
This includes all relevant anatomy and clinical tests compiled from standard textbooks, Campbell,netter etc..It is comprehensive and best suited for orthopaedicians and orthopaedic residents.
These simplified slides by Dr. Sidra Arshad present an overview of the non-respiratory functions of the respiratory tract.
Learning objectives:
1. Enlist the non-respiratory functions of the respiratory tract
2. Briefly explain how these functions are carried out
3. Discuss the significance of dead space
4. Differentiate between minute ventilation and alveolar ventilation
5. Describe the cough and sneeze reflexes
Study Resources:
1. Chapter 39, Guyton and Hall Textbook of Medical Physiology, 14th edition
2. Chapter 34, Ganong’s Review of Medical Physiology, 26th edition
3. Chapter 17, Human Physiology by Lauralee Sherwood, 9th edition
4. Non-respiratory functions of the lungs https://academic.oup.com/bjaed/article/13/3/98/278874
2. Litigation & Tobacco Control
Use of litigation as a means of achieving public health policy goals
Litigation can complement to a broader, comprehensive approach to
tobacco control policy making
Though it is believed that public health goals are more directly
achievable through the political process than through litigation, but
tobacco control being a dynamic public health problem with a third
party like the tobacco corporate playing a very active role in
disturbing the policies so it is now believed that the boundaries
between litigation and the politics of public health in relation to
tobacco control has blurred.
Over a period of time it has been proved that litigation in tobacco
control has indeed laid the foundation of meaningful policy changes.
6. Is the Industry Prepared?
Industry strategy in 80’s
to counter second-
hand smoke issue
7. Is the Industry Scared?
That’s why the tobacco
industry is paying over 250
Billion U$ Dollars to all
50 states in USA as
damages (Settlement)
Though the industry earned some
longevity but
the industry is definitely on
way out
8. Master Settlement Agreement
Under the Master Settlement Agreement, seven
tobacco companies agreed to change the way
tobacco products are marketed and pay the states
an estimated $206 billion (+ Other Costs). The
tobacco companies also agreed to finance a $1.5
billion anti-smoking campaign, open previously
secret industry documents, and disband industry
trade groups which Attorneys General maintain
conspired to conceal damaging research from the
public.
9. The GTC Case in California
THEREFORE, default having been entered by the clerk against GTC, as requested by
Plaintiff, JUDGMENT is accordingly entered in favor of the Plaintiff and against GTC with
respect to all claims, AS FOLLOWS:
A. GTC shall, within fifteen (15) days of this Order, place into a Qualified Escrow Fund the following
amounts as such amounts are adjusted for inflation as required by California Health and Safety
Code section 104557(a)(2):
Sales during the year 2002: (25,671,900 units x $0.0136125) plus 12.97355% for inflation for a
total of $294,795.31.
Sales during the year 2003: (34,374,640 units x, $0.0167539) plus 16.3627565% for inflation
for a total of $670,133.61.
B. GTC shall, within fifteen (15) days of this Order, pay civil penalties in the amount of 300% of
the escrow amounts improperly withheld, for a total of$3,192,986.76 for knowingly violating
California Health and Safety Code section 104557(a)(2), (c), by failing to certify to the Attorney
General for the State of California that it is in compliance with California's reserve fund statute and
for knowingly failing to establish a qualified escrow fund as defined under California Health and
Safety Code section 104556(1) and knowingly failing to deposit sufficient escrow funds into a
qualified escrow fund as required under California Health and Safety Code section 104557.
C. Pursuant to Business and Professions Code section 17206, GTC shall, within fifteen (15) days from
the date of this Order, pay a penalty of$2,500.00 for each violation of Business and Professions
Code section 17200 alleged in the Third Cause of Action, for a total assessed penalty of $50,000 in
addition to the penalty specified in Paragraph C of this judgment.
D. GTC shall, within fifteen (15) days from the date of this Order, shall appoint an agent for service
of process in California (pursuant to Revenue & Taxation Code section 30165.1(f)(1) for
enforcement of this judgment and order until this judgment is satisfied, the order is obeyed and the
injunction is dissolved.
E. -------------
10. Initiating Through Litigation
SUPREME COURT ORDERS IN MURLI S. DEORA Vs. UNION OF INDIA CASE IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No. 316 OF 1999
Murli S. Deora … Petitioner Versus Union of India and Others … Respondents
ORDER
Heard the learned counsel for the parties.
Fundamental right guaranteed under Article 21 of Constitution of India, inter alia, provides that none shall be deprived of his life without
due process of law. Then — why a non-smoker should be afflicted by various diseases including lung cancer or of heart, only because
he is required to go to public places? Is it not indirectly depriving of his life without any process of law? The answer is obviously - ‘yes’.
Undisputedly, smoking is injurious to health and may affect the health of smokers but there is no reason that health of passive
smokers should also be injuriously affected. In any case, there is no reason to compel non-smokers to be helpless victims of air
pollution.
The statement of objects and reason of (The) Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975, inter alia,
provides, “Smoking of cigarettes is a harmful habit and, in course of time, can lead to grave health hazards. Researches carried out in
various parts of the world have confirmed that there is a relationship between smoking of cigarettes and lung cancer, chronic
bronchitis; certain diseases of the heart and arteries; cancer of bladder, prostrate, mouth pharynx and oesophagus; peptic ulcer etc., are
also reported to be among the ill-effects of cigarette smoking.”
Similarly, the statement of objects and reasons of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution) Bill, 2001, provides, “Tobacco is universally regarded as one of
the major public health hazards and is responsible directly or indirectly for an estimated eight lakh deaths annually in the country.
It has also been found that treatment of tobacco related diseases and the loss of productivity caused therein cost the country almost
Rs.13,500/- crores annually, which more than offsets all the benefits accruing in the form of revenue and employment generated by
tobacco industry”.
11. Initiating Through Litigation
SUPREME COURT ORDERS IN MURLI S. DEORA Vs. UNION OF INDIA CASE IN THE SUPREME COURT OF INDIA
In this view of the matter, when this petition under Article 32 of the Constitution of India came for orders on 31st
August, 2001, we have passed order for implementing 1975 Act. At that time of hearing, learned Attorney General as
well as counsel for the parties submitted that considering harmful effect of smoking, smoking in public places is
required to be prohibited. On this submission, we sought response of the Central Government. As no affidavit was filed
during the stipulated time by the Central Government, on 28th September, 2001, we were required to adjourn the
matter. Today also, when the matter came up for hearing, no response is filed on behalf of the Central Government.
However, learned Attorney General with all emphasis at his command submitted that appropriate order banning
smoking in public places be passed. Learned counsel for the petitioner also submitted to the aforesaid effect. Counsel
appearing for other respondents also supported the same.
In the petition, it is pointed out that tobacco smoking contains harmful contents including nicotine, tar, potential
carcinogens, carbon monoxide, irritants, asphyxiates and smoke particles which are the cause of many diseases
including the cancer. It is alleged that three million people die every year as a result of illness related to the use of
tobacco products of which one million people belong to developing countries like India. The World Health Organisation is
stated to have estimated that tobacco related deaths can rise to a whopping seven million per year. According to this
organisation, in the last half century in the developing countries alone smoking has killed more than sixty million people.
Tobacco smoking also adds to the air pollution. Besides cancer, tobacco smoking is responsible for various other fatal
diseases to the mankind.
It is further submitted that statutory provisions are being made for prohibiting smoking in public places and the Bill
introduced in the Parliament is pending consideration before a Select Committee. The State of Rajasthan has claimed to
have passed Act No.14 of 2000 to provide for prohibition of smoking in place of public work or use and in public service
vehicles for that State. It is stated that in Delhi also there is prohibition of smoking in public places.
Learned Attorney General for India submits and all the counsel appearing for the other parties agree that considering
the adverse effect of smoking in public places, it would be in the interests of the citizens to prohibit the smoking in
public places till the statutory provision is made and implemented by the legislative enactment. The persons not
indulging in smoking cannot be compelled to or subjected to passive smoking on account of acts of the smokers.
12. Initiating Through Litigation
SUPREME COURT ORDERS IN MURLI S. DEORA Vs. UNION OF INDIA CASE IN THE SUPREME COURT OF INDIA
Realising the gravity of the situation and considering the adverse effect of smoking on smokers and passive smokers, we direct and prohibit
smoking in public places and issue directions to the Union of India, State Governments as well as the Union Territories to take effective
steps to ensure prohibiting smoking in public places, namely:
• Auditoriums
• Hospital Buildings
• Health Institutions
• Educational Institutions
• Libraries
• Court Buildings
• Public Office
• Public Conveyances, including Railways.
Learned Attorney General for India assured the court that Union of India shall take necessary effective steps to give wide publicity to this
order by electronic as well as print media to make the general public aware of this order of prohibition of smoking.
We further direct the Registrar General to intimate the State Governments/Union Territories as well as the Commissioners of Police as
mentioned in our orders dated 31st August, 2001 and 28th September, 2001 of this Court with directions for submission of their compliance
report in this Court within five weeks from today. Union of India shall also file its response at the earliest.
List after six weeks.
…………………………J.
(M.B. Shah)
New Delhi; ………………………….J.
November 2, 2001. (R.P. Sethi)
13. Implementation Through Litigation
The Civil Writ
Petition in 2005 filed
in Punjab and
Haryana High Court
(India) resulted in one
of the tobacco
companies dropping
the name of its
cigarette brand for
“Bravery Award”
ceremonies.
The cognizance by
the court also saw
initiation of policy
shift on tobacco
control in the
region.
14. Implementation Through
Litigation
The case of “Pictorial Warnings” in India
Despite the industries displeasure, a High Court in India
took up the case after which the Pictorial Warning
notification was issued …….. Unfortunately the Public
Interest Writ Petition was withdrawn for certain
unfortunate reasons.
16. Standard Tricks
Numer Uno
FREEDOM OF CHOICE
ARGUMENT
Counter Argument
If Freedom of Choice be an argument then it
also applies to all hard drugs too – Why limit
to Tobacco
17. Standard Tricks
Commonly Used
VIOLATION OF
FREEDOM OF EXPRESSION
Counter Argument
Right to Life a bigger right – It’s a constitutionally
protected right in all countries of the world
Glaring Example
USA – Non Ratification of FCTC by citing “First
Amendment”
18. Standard Tricks
Commonly Used
VIOLATION OF FUNDAMENTAL RIGHT
TO PROFESS ANY TRADE
Counter Argument
All trade and professions have to function within the ambit
of the law and the Government has all the powers to
restrict the trade of any good. Not only this in case of any
product harmful/deleterious to environment/health, the
Government can all together ban it.
Example
Pictorial warning case
19. Newer Tricks
Common Trick (Overt)
GETTING CONTRADICTIONS IN THE
DELEGATED LEGISLATION
(And then Challenge them in court)
Results
Such Laws get struck in the court and are found
unconstitutional/illegal as a result it makes a bad precedence
Counter-Counter Trick of the Industry
Get a Writ/Case filed in the court and let it appear to be pro-tobacco
control – The results of such writs in a way help the tobacco industry
– Example the Fire Safe Cigarettes
20. Newer Tricks
Going to International
Tribunal / Courts on Trade
Phillip Morris Case in Thailand
State of Philippines Vs. Thailand
(Even EU has joined as a party)
22. The restriction of “depiction of
smoking”
smoking” in movies case
IN THE HIGH COURT OF DELHI AT NEW DELHI
Present: Mr. Sandeep Sethi, Sr. Adv. with Mr. Pradyuman Dubey,
Mr. C.M. Lal, Advocates for the petitioner, in WP(C) 18761/2005 and WP(C) 23716/2005.
Mr. Arvind Datar, Sr. Adv. with Mr. Nikhil Nayyar, Mr. Ankit Singhal, Advocates for the
petitioner in WP(C) 7410-11-2006.
Mr. P.P. Malhotra, Additional Solicitor Generarl with Mr. Suresh Kait,
Mr. Mukul Gupta, Advocates for Union of India.
WP(C) 18761/2005, WP(C) 23716/2005 and WP(C) 7410-11/2006
Since we have differed on the constitutional validity of the Rules of
the Cigarettes and other Tobacco Products (Prohibition of
advertisement and Regulation of Trade and Commerce, Production, Supply
and Distribution) Rules, 2004 as amended in 2005 framed under the
Cigarettes and other Tobacco Products (Prohibition of Advertisement
and Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003 vide our separate judgments delivered today on
7th February 2008, let this matter be placed before Hon'ble the
Chief Justice, to nominate another learned Single Judge to resolve the
difference of opinion.
Interim order to continue until further orders.
A copy of the judgments be given dasti to the learned counsel for the
parties, under the signatures of the Court Master.
MUKUL MUDGAL, J SANJIV KHANNA, J
February 07, 2008/dr
23. The “Racketeer Influenced and Corrupt
Act”
Organizations Act” Verdict
This ruling is the culmination of a lawsuit the U.S. Department of Justice filed under the civil racketeering (RICO) law on September 22, 1999, to
hold the tobacco companies legally accountable for decades of illegal and harmful practices. The trial in the case lasted from September 21,
2004, to June 9, 2005.
Judge Kessler's 1,683-page final opinion powerfully and thoroughly details the tobacco companies' unlawful activity and the devastating
consequences for our nation's health over more than 50 years.
quot;(This case) is about an industry, and in particular these Defendants, that survives, and profits, from selling a highly addictive product
which causes diseases that lead to a staggering number of deaths per year, an immeasurable amount of human suffering and economic
loss, and a profound burden on our national health care system. Defendants have known these facts for at least 50 years or more.
Despite that knowledge, they have consistently, repeatedly, and with enormous skill and sophistication, denied these facts to the public,
to the Government, and to the public health community... In short, Defendants have marketed and sold their lethal products with zeal,
with deception, with a single-minded focus on their financial success, and without regard for the human tragedy or social costs that
success exacted,quot; Judge Kessler wrote (pages 3-4 of the opinion).
Judge Kessler issued a Final Judgment and Remedies Order that:
Prohibits the tobacco companies from committing acts of racketeering in the future or making false, misleading or deceptive
statements concerning cigarettes and their health risks.
Bans terms including quot;low tar,quot; quot;light,quot; quot;ultra light,quot; quot;mild,quot; and quot;naturalquot; that have been used to mislead consumers about the
health risks of smoking and prohibit the tobacco companies from conveying any explicit or implicit health message for any
cigarette brand.
Requires the tobacco companies to make corrective statements concerning the health risks of smoking and secondhand smoke
and their deceptive practices through newspaper and television advertising, their web sites and as part of cigarette packaging.
Extends and expands current requirements that the tobacco companies make public their internal documents produced in
litigation.
Requires the tobacco companies to report marketing data annually to the government.
24. The Solution
Tobacco Companies have explored all corners of the legal
system but still………
There are limited versions of the GAME
(More or less similar across the world)
The way to beat them in their own game is to
BE BETTER PREPARED
(Understand all the versions of the legal games the industry plays)
&
BE PROACTIVE AND AGRESSIVE