Tobacco Control ACT comes into effect from April 1 today
Directorate of Health Services, New Delhi, India
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Public Notice
(Issued by Directorate of Health Services)

The Cigarettes and others Tobacco Products [Prohibition of
Advertisement and Regulation of Trade and Commerce Production, Supply
and distribution (Second Amendment )] Rule 2005 is enforced in whole
of India including Delhi w.e.f. 01-04-2006, under this amended
Rule/Act:-

1- The point of sale advertisement boards for tobacco products/
smoking substances shall not exceed 60 cm x 45 cm. Each of these
boards should contain the specified HEALTH WARNING like "TOBACCO
CAUSES CANCER", or "TOBACCO KILLS" occupying the top edge of the
Board measuring 20 cm x 15 cm and the display board shall only list
the type of tobacco product at the point of sale, with out any
mention of the brand name or other promotional message or picture.

2- Indirect advertisement like display of cigarette and other tobacco
products at the point of sale and use of name or brand name of
tobacco products for marketing, promotion and advertisement of other
goods/ services is prohibited.

3- All vending machines selling cigarettes and other tobacco products
shall also have to be removed.

4- No individual or a person or character in cinema or TV programmes
shall display tobacco product or their use like smoking scene etc
except in the case of Documentary film, health spots made to clarify
the dangerous and dire consequences of tobacco use/ smoking.

5- However, cinema and television programmes which have been produced
prior to the notification and have scenes with smoking situation and
use of other forms of tobacco, it shall be mandatory to place a
health warning as prominent scroll at the bottom of the television or
cinema screen with font in black colour on  white background which is
legible readable . The text of  the warning shall be 'Smoking causes
cancer' or 'Smoking kills' for smoking form of tobacco use
and 'Tobacco causes cancer' or  `Tobacco kills' for chewing and other
form of tobacco. The health warning shall be in the same language/s
as used in the cinema or the television programme.

6- The products of films, TV serials and health spots and concerned
managers of cinema Hall, Govt./ Local Cable T.V Channels etc may see
the detail of the notification of Govt. of India dated 30-11-05 on
transmission / telecast strategy on Delhi  Govt. website
(www.health.delhigovt.nic.in)

7- Violation of the amended Act by the concerned authority is
punishable

8- This public notice is in continuation of our previous notice
published in different news papers in Delhi w.e.f 14 Dec to 18 Dec
2005, which is applicable to all establishments including Govt
establishment.

=========================================
Directorate of Health Services, New Delhi

MONITOR: Report violations of Tobacco Control Act in India
TambakooKiLLs
-------------

MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings for The Cigarette and other tobacco Products Act in
India. TambakooKills is the 2nd largest eGroup listed by YahooGroups
Inc in healthcare category in the world, and it's subscribers across
India will participate in civil society reporting process. Please
send your reports to TambakooKills@... ]
--------------

Dear Friends,
We encourage socially conscious and responsible subscribers of
TambakooKills, to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)
           a) if the tobacco advertisement is more than 60cm x 45 cm
           b) if health warning is NOT `Tobacco Kills' or `Tobacco
Causes Cancer'
           c) if any brand name, or picture depicting brand name or
any promotional message is displayed
      (The ACT allows 60cmx45cm board on point of sale retail shop,
with ONLY type of tobacco displayed – no mention of brand, no
picture, no promotional message etc)

3) If you spot any character in any movie or TV using tobacco on-
screen
      (The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to:
tambakooKills@... or bobbyramakant@...

The complete text of the ruling of Directorate of Health Services is
given below:
………………………………………………………………………………………….

Tobacco Control ACT comes into effect from April 1 today
Directorate of Health Services, New Delhi, India
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Public Notice
(Issued by Directorate of Health Services)

The Cigarettes and others Tobacco Products [Prohibition of
Advertisement and Regulation of Trade and Commerce Production, Supply
and distribution (Second Amendment )] Rule 2005 is enforced in whole
of India including Delhi w.e.f. 01-04-2006, under this amended
Rule/Act:-

1- The point of sale advertisement boards for tobacco products/
smoking substances shall not exceed 60 cm x 45 cm. Each of these
boards should contain the specified HEALTH WARNING like "TOBACCO
CAUSES CANCER", or "TOBACCO KILLS" occupying the top edge of the
Board measuring 20 cm x 15 cm and the display board shall only list
the type of tobacco product at the point of sale, with out any
mention of the brand name or other promotional message or picture.

2- Indirect advertisement like display of cigarette and other tobacco
products at the point of sale and use of name or brand name of
tobacco products for marketing, promotion and advertisement of other
goods/ services is prohibited.

3- All vending machines selling cigarettes and other tobacco products
shall also have to be removed.

4- No individual or a person or character in cinema or TV programmes
shall display tobacco product or their use like smoking scene etc
except in the case of Documentary film, health spots made to clarify
the dangerous and dire consequences of tobacco use/ smoking.

5- However, cinema and television programmes which have been produced
prior to the notification and have scenes with smoking situation and
use of other forms of tobacco, it shall be mandatory to place a
health warning as prominent scroll at the bottom of the television or
cinema screen with font in black colour on white background which is
legible readable . The text of the warning shall be 'Smoking causes
cancer' or 'Smoking kills' for smoking form of tobacco use
and 'Tobacco causes cancer' or `Tobacco kills' for chewing and other
form of tobacco. The health warning shall be in the same language/s
as used in the cinema or the television programme.

6- The products of films, TV serials and health spots and concerned
managers of cinema Hall, Govt./ Local Cable T.V Channels etc may see
the detail of the notification of Govt. of India dated 30-11-05 on
transmission / telecast strategy on Delhi Govt. website
(www.health.delhigovt.nic.in)

7- Violation of the amended Act by the concerned authority is
punishable

8- This public notice is in continuation of our previous notice
published in different news papers in Delhi w.e.f 14 Dec to 18 Dec
2005, which is applicable to all establishments including Govt
establishment.

=========================================
Directorate of Health Services, New Delhi


Available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

MONITOR: Reporting violations of Tobacco Control Act
TambakooKiLLs
-------------

Dear Friends,
We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)
a) if the tobacco advertisement is more than 60cm x 45 cm
b) if health warning is NOT `Tobacco Kills' or `Tobacco
Causes Cancer'
c) if any brand name, or picture depicting brand name or
any promotional message is displayed
(The ACT allows 60cmx45cm board on point of sale retail shop,
with ONLY type of tobacco displayed – no mention of brand, no
picture, no promotional message etc)

3) If you spot any character in any movie or TV using tobacco on-
screen
(The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to:
tambakooKills@... or bobbyramakant@...

----------------------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the 2nd largest eGroup listed by YahooGroups
Inc in healthcare category in the world, and it's subscribers across
India are participating in this civil society reporting process.

Please send your reports to TambakooKills@... ]
----------------------------------------

Complete text of the ruling issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

MONITOR: Tobacco Control Act violations in Maharashtra
Tambakoo KiLLs
--------------

1] Reported by: Gaurav Dwivedi, Nagpur (contactdwivediji@...)

2] Reported by: Madhu Ahuja/Vibhuti Singh, Vashi, New Bombay
(vibhuti7384@..., madhu_2712003@...)

3] MONITOR: Reporting violations of Tobacco Control Act

----------------------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the 2nd largest eGroup listed by YahooGroups
Inc in healthcare category in the world, and it's subscribers across
India are participating in this civil society reporting process.

Please send your reports to TambakooKills@... ]
========================================

1] Reported by: Gaurav Dwivedi, Nagpur (contactdwivediji@...)

Dear friends,
Cigarette and other tobacco products Act and the rulings of which were recently
published in The Times of India dated March 25, 2006, are openly being violated
and not adhered to in Nagpur.

At point of sale (tobacco retail outlet), tobacco advertisements are often not
being changed. They dont conform to the size norm, and the warnings of TOBACCO
KILLS or TOBACCO CAUSES CANCER are yet to be displayed in given sizes. They
still show tobacco BRAND NAMES, and use glamour and lifestyle imagery to lure
our children and youth.

I saw Rang De Basanti yesterday in Nagpur and the characters were smoking
tobacco in many scenes and warning labels not being scrolled, as mentioned so
clearly in the rulings.

Where should we lodge a complaint? Who is responsible to enforce these rulings?

Gaurav Dwivedi
Nagpur
contactdwivediji@...
----------------------------------------------------

2] Reported by: Madhu Ahuja/Vibhuti Singh, Vashi, New Bombay
(vibhuti7384@..., madhu_2712003@...)

hi,

   I'm Madhu Ahuja from Vashi, New Bombay, Maharashtra, India.

   I'm against the comsumption of tobacco as its harmful for body.

   In India , its a rule laid by the government not to sell tobacco products
within 100 meters of educational institutions like schools and colleges.

   But this rule is violated outrightly.

   im a freelance journalist. i have reported about it in newspapers in mumbai,
made my documentary short film to create awareness about this issue but in vain.

   u all r doing a good job to create awareness.hope we can make next generation
stop using tobacco by guiding them right.

   Take care,
   Madhu Ahuja
   madhu_2712003@...
----------------------------------------------------
****************************************************

3] MONITOR: Reporting violations of Tobacco Control Act
TambakooKiLLs
-------------

Dear Friends,
We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)
a) if the tobacco advertisement is more than 60cm x 45 cm
b) if health warning is NOT `Tobacco Kills' or `Tobacco
Causes Cancer'
c) if any brand name, or picture depicting brand name or
any promotional message is displayed
(The ACT allows 60cmx45cm board on point of sale retail shop,
with ONLY type of tobacco displayed – no mention of brand, no
picture, no promotional message etc)

3) If you spot any character in any movie or TV using tobacco on-
screen
(The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to:
tambakooKills@... or bobbyramakant@...

----------------------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the 2nd largest eGroup listed by YahooGroups
Inc in healthcare category in the world, and it's subscribers across
India are participating in this civil society reporting process.

Please send your reports to TambakooKills@... ]
----------------------------------------

Complete text of the ruling issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

MONITOR: Reporting violations of Tobacco Control Act
TambakooKiLLs
-------------

Dear Friends,
We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006. TambakooKiLLs is compiling a weekly issue of Monitor.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)
a) if the tobacco advertisement is more than 60cm x 45 cm
b) if health warning is NOT `Tobacco Kills' or `Tobacco
Causes Cancer'
c) if any brand name, or picture depicting brand name or
any promotional message is displayed
(The ACT allows 60cmx45cm board on point of sale retail shop,
with ONLY type of tobacco displayed – no mention of brand, no
picture, no promotional message etc)

3) If you spot any character in any movie or TV using tobacco on-
screen
(The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to:
tambakooKills@...

----------------------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups
Inc in healthcare category in the world, and it's subscribers across
India are participating in this civil society reporting process.

Please send your reports to TambakooKills@... ]
----------------------------------------

Complete text of the ruling issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------
Last issue of TambakooKiLLs MONITOR is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message15

MONITOR: Tobacco Control Act violations in UP
Issue 5
-------

with inputs from:
* GONDA: Jitendra Dwivedi, jitendraabf@...
* MANKAPUR: Manu Shresth Mishra, contactmishraji@...
* LUCKNOW: Bobby Ramakant, bobbyramakant@...
* BARREILLEY: Amit Dwivedi, dmrc.media@...
* VARANASI: Kusum Verma, kusumverma12@...
* ALLAHABAD: Ganesh Pai, kganeshpai@...
------------------------------------------------

Just to remind, close to 700 social activists across India have been
reporting the violations of The Cigarette and other Tobacco Products
Act and the rulings of which came into effect from April 1, 2006.

The key features (as per the rulings of Ministry of Health and Family
Welfare, Government of India) we have been tracking are:

1) Any tobacco advertisement except on point of sale (retail shop)
2) At point of sale (tobacco retail outlet)
    a) if the tobacco advertisement is more than 60cm x 45 cm
    b) if health warning is NOT `Tobacco Kills' or `Tobacco
        Causes Cancer'
    c) if any brand name, or picture depicting brand name or
       any promotional message is displayed
       (The ACT allows 60cmx45cm board on point of sale retail
        shop, with ONLY type of tobacco displayed – no mention
        of brand, no picture, no promotional message etc)
3) If we spot any character in any movie or TV using tobacco on-
screen
(The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)
------------------------------------------------------------------

The REPORT:
Barring major locations in Lucknow, Allahabad and Varanasi, most of
the small tobacco retail outlets continue to violate sign-board norms
as laid out by the rulings issued recently by Ministry of Health and
Family Welfare and which came into effect from April 1, 2006.

The bill boards at point-of-sale, continue to be the old ones, much
bigger than the maximum size specified in the rulings. They also
display tobacco brand names, pictures using glamour and lifestyle
imagery and warnings displayed are old ones - tobacco is injurious to
health - and dont conform to colour norms (black on white).

In Mankapur, Gonda, Barreilley, there were not a single instance of a
tobacco retail outlet having a billboard conforming to the rulings
for the Tobacco Control Act. They were blatantly violating the said
ruling.

Cinema theatres continue to screen movies like RANG DE BASANTI,
FAMILY (hindi movies) with lot of tobacco use in them. In Lucknow,
WAVE multiplex, and Anand cinema were screening Rang De Basanti
without any scrolling warnings when tobacco use is displayed. This is
clear violation again. In Varanasi, Allahabad, Barreilly, Gonda and
Mankapur as well, there wasnt a single movie theatre our team could
spot where these warnings are being scrolled, as per telephonic or
personal interviews with the theatre managers. The managers mostly
feigned ignorance and when told about the ruling, tried to pass the
buck to the filmmakers to not show tobacco use instead.

Theatre managers in these cities were exceptionally supportive to
tobacco control. This is indeed remarkable. They themselves wanted to
enforce ban of tobacco use inside theatres, and cited spitting and
cigarette or beedi butts as a huge nuisance, and risk factor for fire
accidents.

We have photographed few violations in Lucknow and are putting them
together in form of a documentary 'Darpan' which is slated to be
released on the coming World No Tobacco Day.
===========================================================

MONITOR: Reporting violations of Tobacco Control Act
TambakooKiLLs
-------------

Dear Friends,
We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006. TambakooKiLLs is compiling a weekly issue of Monitor.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)
a) if the tobacco advertisement is more than 60cm x 45 cm
b) if health warning is NOT `Tobacco Kills' or `Tobacco
Causes Cancer'
c) if any brand name, or picture depicting brand name or
any promotional message is displayed
(The ACT allows 60cmx45cm board on point of sale retail shop,
with ONLY type of tobacco displayed – no mention of brand, no
picture, no promotional message etc)

3) If you spot any character in any movie or TV using tobacco on-
screen
(The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to:
tambakooKills@...

----------------------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups
Inc in healthcare category in the world, and it's subscribers across
India are participating in this civil society reporting process.

Please send your reports to TambakooKills@... ]
----------------------------------------

Complete text of the ruling issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------
Last issue of TambakooKiLLs MONITOR is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message15

MONITOR: Tobacco control Act violations in Rajasthan
Issue 6
-------

JAIPUR VIOLATES ANTI-TOBACCO LEGISLATIONS
Manisha Sharma
The Hindustan Times, Jaipur, Rajasthan
Email: manisha.sharma@...
(April 25, 2006)
----------------

Big hoardings in the city advertising tobacco products without
statutory warnings, pan retail shops displaying brand names of
tobacco products, openly selling of tobacco products near schools and
colleges, advertisements of tobacco products on State Roadways
vehicles and on bus stand shelters, people smoking cigarette in the
public places……these sights are very common in Jaipur. But very few
people are informed that these instances are gross violations of Anti-
Tobacco legislations of the Centre Government and of State
Government.

When asked, the District Magistrate, Collector, Jaipur, Rajeshwar
Singh and Additional District Magistrate, DN Pandey could not give
any answer regarding these violations. They had no clue about any
orders issued by them or they had conducted any campaign to check
these violations.

The amended Cigarettes and Others Tobacco Products Act 2003
(Prohibition of Advertisement and Regulation of Trade and Commerce
Production, Supply and Distribution) have been enforced in the entire
country with effect from April 1, 2006.

The Act allows only 60cm x 45cm board on point of sale retail shop,
with only type of tobacco displayed – no mention of brand, no
picture, no promotional message. The ACT warrants movies or TV
serials made before April 1, 2006 to scroll warnings in the scenes
portraying tobacco products. Health warning like `Tobacco Kills' or
`Tobacco Causes Cancer', if any brand name or picture depicting brand
name or any promotional message is displayed.

Most of the small tobacco retail outlets continue to violate
signboard norms as laid out by the rulings issued recently by the
Ministry of Health and Family Welfare. The bill boards at point-of-
sale; continue to be the old ones, much bigger than the maximum size
specified in the rulings. They also display tobacco brand names,
pictures using glamour and lifestyle. Imagery and warnings displayed
are old ones likes 'Tobacco is injurious to health' and do not
confirm to colour norms (black on white).

Cinema halls continue to screen movies like RANG DE BASANTI with lot
of tobacco use in them without any scrolling warnings when tobacco
use is displayed. The managers mostly feigned ignorance and when told
about the ruling, tried to pass the buck to the district
administration for not informing them about any such ruling.

Besides there have been violations of Rajasthan's own anti-smoking
act that came into effect in the year 2000. The Act does not allow
any person to smoke at public places, selling or storage of any
tobacco product near 100 meters of any educational institution and
prohibits advertisements of tobacco products on State owned and
private vehicles.

A social activist, Dharmaveer Katewa working on anti-tobacco
campaigns said that he has written letters to the District Collector,
Jaipur Development Authority and to the Jaipur Municipal Corporation
about these violations but in vain.
--------------------------------------------------------------


VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

Ø      Any direct or indirect promotion of any tobacco product(s) or
any trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.

Ø      Affixing more than two boards, exceeding the size with one
side 60 cms X 90 cms even inside a tobacco warehouse.

Ø      The top area of 25% of each advertising board of the specified
size shall contain a waning which should read (i) Tobacco Causes
Cancer, or (ii) Tobacco Kills.

Ø      The rules also state that such board can contain only the
brand name or picture of the tobacco product and nothing else.

Ø      Even oral promotion or advertising constitute an offense.

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.
-----------------------------------------------------------------

MONITOR: Reporting violations of Tobacco Control Act
TambakooKiLLs
-------------

Dear Friends,
We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006. TambakooKiLLs is compiling a weekly issue of Monitor.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)
a) if the tobacco advertisement is more than 60cm x 45 cm
b) if health warning is NOT `Tobacco Kills' or `Tobacco Causes Cancer'
c) if any brand name, or picture depicting brand name or any
promotional message is displayed
(The ACT allows 60cmx45cm board on point of sale retail shop, with
ONLY type of tobacco displayed – no mention of brand, no picture, no
promotional message etc)

3) If you spot any character in any movie or TV using tobacco on-
screen
(The ACT warrants movies or TV serials etc made earlier to scroll
warnings, please report if no warnings are being scrolled in black-
white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to:
tambakooKills@...

----------------------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.

Please send your reports to TambakooKills@... ]
----------------------------------------

Complete text of the ruling issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------
Last issue of TambakooKiLLs MONITOR is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message15

MONITOR: Tobacco control Act violations in Punjab
Issue 7
-------

FIRST POLICE CASE AGAINST TOBACCO COMPANY IN CHANDIGARH FOR VIOLATING
TOBACCO CONTROL ACT
******************************************

After a struggle of about two year since the promulgation of
the "Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Act, 2003" activists in Chandigarh finally
succeeded in getting a case registered against Godfrey Phillips India
Ltd. for violations of Section 5 and Rule 4 of the tobacco control
legislation.

In the wake of a new promotional campaign by the tobacco
company "Godfrey Phillips India Ltd" wherein they had recruited young
boys and girls to promote and publicise a brand of cigarette, Burning
Brain Society has been complaining to the Chandigarh Administration
and the Police since April 17, 2006. On 25th April when two of the
employees of the tobacco company were seen promoting a cigarette
brand and distributing promotional material of cigarettes, the
undersigned immediately alerted the Director Health Services and the
Police about the violations of Tobacco Control Act and illegal
activity, and made another formal complaint. The pressure which was
maintained (On the Police and DHS) since a week preceding this
complaint helped.

The police reached the spot and seized all the promotional material
and the cigarettes used for sampling. First time the provisions of
Section 12 & 13 of COTPA were put to use. The two employees of the
companies were also arrested but later let off. The complaint made by
BBS mentions the name of the Chairman of the tobacco company Mr. R.A.
Shah, President Mr. K. K. Modi, Senior Vice President, Nita Kapoor
among other officials and who are alleged to be the mastermind behind
this promotional scheme.

The Burning Brain Society team expressed its joy over the
registration of the case and contributed to the continuous campaign
against illegal promotion of tobacco products across the region. It's
a small battle won in the long war against tobacco. Thanks for your
support.

Hemant Goswami
Chairperson,
Burning Brain Society
Email: nl0604@...
-----------------------------------------------

EVIDENCE:
Godfrey Phillips India Ltd. had engaged a team of youngsters by to
promote the cigarette brands marketed by them. They had told the
youngsters that it's a research activity and not an advertising or
marketing campaign.

Watch the still pictures of the activity at;
http://gallery.globalink.org/v/members/goswamih/gpi_india
--------------------------------------------------------------


VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

Ø      Any direct or indirect promotion of any tobacco product(s) or
any trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.

Ø      Affixing more than two boards, exceeding the size with one
side 60 cms X 90 cms even inside a tobacco warehouse.

Ø      The top area of 25% of each advertising board of the specified
size shall contain a waning which should read (i) Tobacco Causes
Cancer, or (ii) Tobacco Kills.

Ø      The rules also state that such board can contain only the
brand name or picture of the tobacco product and nothing else.

Ø      Even oral promotion or advertising constitute an offense.

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.
-----------------------------------------------------------------

MONITOR: Reporting violations of Tobacco Control Act
TambakooKiLLs
-------------

Dear Friends,
We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006. TambakooKiLLs is compiling a weekly issue of Monitor.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)
a) if the tobacco advertisement is more than 60cm x 45 cm
b) if health warning is NOT `Tobacco Kills' or `Tobacco Causes Cancer'
c) if any brand name, or picture depicting brand name or any
promotional message is displayed
(The ACT allows 60cmx45cm board on point of sale retail shop, with
ONLY type of tobacco displayed – no mention of brand, no picture, no
promotional message etc)

3) If you spot any character in any movie or TV using tobacco on-
screen
(The ACT warrants movies or TV serials etc made earlier to scroll
warnings, please report if no warnings are being scrolled in black-
white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to:
tambakooKills@...

-M O N I T O R ------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.

Please SEND YOUR REPORTS to TambakooKills@... ]
----------------------------------------

Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------
LAST ISSUE of TambakooKiLLs MONITOR is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/18

MONITOR: Surrogate advertising continues unabated
Issue 8
-------

Surrogate advertising is becoming increasingly routine practice in
advertising. Take for instance, alcohol or tobacco advertisements.
They conveniently use the garb of mineral water, apple juice, mega
movies, mega music, soda water…to promote their alcoholic beverages.
As consumers, which product do we relate these brand names to? Of
course tobacco or alcohol as per the brand name.

For instance, in an informal random interview of 233 passers by
outside `Wills Lifestyle Store' ( the readymade garment store using
the flagship brand of ITC cigarettes – Wills ) in  response to the
question `What is Wills?', ALL of the 233 people interviewed,
responded `Cigarettes'. None of them said trousers, t-shirts,
jackets, or any of the products, which even distantly can be clubbed
as a garment.

So as consumers, we do relate these brand names to the products the
industry wants us to relate with. Bagpiper Apple Juice is not an
apple juice alone, McDowell Soda Water, is not soda water alone…. And
similarly Wills s.p.o.r.t.s.w.e.a.r  is not only a garment store… `We
know what these brand names are of!' we let these `garbs' fall on our
blind spot and just catch the brand name and let it conveniently
reinforce the product industry is trying to promote anyway.

We don't even acknowledge the advertising prohibition Act which these
corporations so comfortably evade, circumvent, violate the very
essence of the law. Is it not the mockery of the law? Or is it
a `norm' to violate prohibitory laws? Why have we become so
complacent and numb that we don't even consciously notice these
violations by tobacco and alcohol corporations and make efforts to
protect our own best interests!

Despite of The Cigarette and other Tobacco Products Act which was
formed in 2003, much effort is left to be made in implementing the
same. Meaningful involvement of Civil society and effective
participation is completely ignored so far by Government in its
enforcement, and limited only to handful of high profile NGOs. The
critical need is to raise awareness about existing laws and
legislations so that people become aware and contribute more
proactively towards the enforcement of this Act.

The photographs of the two billboards violating existing legislations
and surrogately promoting tobacco and alcohol, are available online
at Groups.Yahoo.com/group/TambakooKills photo library, online links
of which are provided below as `evidence'.


--- E V I D E N C E ---------------------------------------------
     ---------------

EVIDENCE:

Surrogate Ads, in the garb of MUSIC
this is on the main ring road linking Faizabad Raod with Kanpur/Rae
Bareelli road, in frnt of Wave Multiplex, Mall
http://uk.ph.groups.yahoo.com/group/TambakooKills/photos/view/a529?b=1


Surrogate Ads: tobacco and non tobacco
Same BRAND for tobacco and non tobacco products, Lucknow, May 2006
http://uk.ph.groups.yahoo.com/group/TambakooKills/photos/view/a529?b=2


--- V I O L A T I O N S -----------------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.

* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.

* The top area of 25% of each advertising board of the specified size
shall contain a waning which should read (i) Tobacco Causes Cancer,
or (ii) Tobacco Kills.

* The rules also state that such board can contain only the brand
name or picture of the tobacco product and nothing else.

* Even oral promotion or advertising constitute an offense.



--- P E N A L  P R O V I S I O N S ------------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.
-----------------------------------------------------------------



MONITOR: Reporting violations of Tobacco Control Act
TambakooKiLLs
-------------

Dear Friends,
We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006. TambakooKiLLs is compiling a weekly issue of Monitor.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)
a) if the tobacco advertisement is more than 60cm x 45 cm
b) if health warning is NOT `Tobacco Kills' or `Tobacco Causes Cancer'
c) if any brand name, or picture depicting brand name or any
promotional message is displayed
(The ACT allows 60cmx45cm board on point of sale retail shop, with
ONLY type of tobacco displayed – no mention of brand, no picture, no
promotional message etc)

3) If you spot any character in any movie or TV using tobacco on-
screen
(The ACT warrants movies or TV serials etc made earlier to scroll
warnings, please report if no warnings are being scrolled in black-
white for movies/TV serials made earlier than April 1, 2006)

Please SEND YOUR REPORTS to:
tambakooKills@...



- M O N I T O R ------------------------
   -------------

MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.

Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

R U L I N G
-----------

Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------

L A S T   I S S U E
-------------------

LAST ISSUE of TambakooKiLLs MONITOR is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message15

-----------------------------------------------------------

FRIDAY SPOTLIGHT: What to Ban? tobacco/alcohol/coke OR common salt?
DailySouthAsian
---------------

Editor's note: It is ironical that Government of India is neglecting
a large majority of our population when going forward with
it's 'welfare' schemes. Corporations like those of tobacco marketing
products proven to be a cause for a range of life-threatening
diseases, Coca Cola and Pepsi Cola not only proven to contain
pesticides but also siphoning away disproportionately huge amounts of
water from under the ground, are left free to reap huge profits from
our people. And common salt, is being banned unless iodised. Millions
of people seeking rehabilitation from 'development' models like those
affected by large dams on Narmada, are denied justice even by
Judiciary. Which sort of development are we obsessed with?
Development of whom? Read more...
----------------------------------------------------------------

WHAT DOES OUR LAW SAYS?
Government of India Notification No.GSR 340(E) reads "NO PERSON SHALL
SELL OR OFFER OR EXPOSE FOR SALE OR HAVE IN HIS PREMISES FOR THE
PURPOSE OF SALE THE COMMON SALT FOR DIRECT HUMAN CONSUMPTION UNLESS
THE SAME IS IODISED".
The Notification becomes law on 15-8-2005.

.................................................................
FACT: Only 2.5% of Indian population suffers from Iodine deficiency.
Why FORCE the remaining 97.5% of Indian population to eat and pay for
costlier iodised salt?

.................................................................

[INVITE: A march against ban on common salt will start from Asha
Ashram, Lalpur village, Hardoi district tomorrow on 13th May and end
on 15th May at Vidhan Sabha, Lucknow. This is being led by Magsaysay
Awardee 2002 and noted social activist Dr Sandeep Pandey. More
details about this march are available online at:
http://uk.groups.yahoo.com/group/DailySouthAsian/message/743 ]
.................................................................


WHY SHOULD WE PROTEST AGAINST BAN ON COMMON SALT?

  When tobacco, alcohol and soft drinks containing high levels of
pesticides, which pose serious risk to human health, continue to be
freely sold in the market, why is the common salt, consumed for ages
without any major problem, is being banned?

When only a small area of the country is deficient in Iodine what is
the purpose of making Iodised salt compulsory nation wide, making it
more than five times costly compared to the common salt?

Is Goitre caused only due to deficiency in Iodine? DO POVERTY AND
MALNUTRITION NOT HAVE A ROLE TO PLAY?


.................................................................

WHAT ARE THE EFFECTS OF EXCESSIVE IODINE INTAKE?

Excess Iodine is known to cause hyperthyroidism, diarrhoea, diabetes,
skin cancer, stone, respiratory diseases and diseases related to
liver, etc.

Is salt the only means by which Iodine can be introduced for human
beings? Cereals, millets, pulses, dals, leafy vegetables, roots and
spices, jaggery, nuts, fruits, milk and milk products, egs, fish and
even tap water are known to contain iodine in its natural, absorbable
form.

We're using an unsafe compound - Potassium Iodate instead of
Potassium Iodide to iodise common salt. Iodine in this form
dissociates under conditions of moisture and heat. We're not even
sure whether any iodine is going inside our body in this form.

Martindale in The Extra Pharmacopoeia, 1977, on the toxic effects
says: "Continued administration of iodine is known to lead to mental
depression, nervousness, insomnia, impotence, myxoedema and goitre.
Hypersensitivity to iodine (Iodism) may occur acutely or after
prolonged administration … Vomiting, metallic taste in the mouth,
abdominal pain and diarrhoea are also known to occur. In extreme
cases, death…(is) also recorded. Iodides in breast milk are suspected
to cause hypothyroidism or goitre in infants."

World-renowned experts in goitre like Drs Madhu Karmarkar and C S
Pandav from AIIMS, in a detailed 1997 study, asserted that the
estimated population at risk for IDDs in India was 270 million people
out of 1 billion (1000 million) Indian population.

According to R.P. Singh, an endocrinologist attached to the two-
billion dollar super-speciality Apollo Hospital here, diets in urban
areas are already rich in iodine and there is little need for
supplements in cities.

In fact, Singh says many of his patients suffer from hyper-thyroidism
only because of excess iodide in their diets. "The iodates loses
oxygen molecules and transform into iodides through mishandling, poor
storage and exposure to the sun on transportation."

Singh says it is remarkable that while hyper-thyroidism and
associated hormonal problems such as hirsuits in women and
enlargement of breast in men are on the rise in the cities, it is
unheard of in the rural areas of the Indian plains.

Iodine is volatile and rapidly degenerates and evaporates when
subjected to small rises in temperature and completely disappears on
cooking. "This makes it useless for people who really need it
especially those who live in the sub-Himalayan hill tracts," Singh
says.

Singh and his colleagues are now demanding that the government find
some medium other than table salt to get iodine to people who live in
iodine-deficiency belts. "At least people should be able to choose
between iodised and uniodised salt," he said.

There are a number of reasons why such a ban does not make any sense.
It is ridiculous to enforce a dietary regimen on 97.5% of the
population because 2.5 % of the population suffers from cretinism
owing to iodine deficiency. Instead, a more effective method would be
based on increased awareness of dietary considerations. Milling and
polishing of rice and other grains removes their iodine content.
Cereals, millets, pulses, dals, leafy vegetables, roots and spices,
jaggery, nuts, fruits, milk and milk products, eggs, fish and even
tap water contain iodine in its natural, absorbable form. Government
agencies and NGOs need to advocate a healthy, balanced diet and clean
drinking water.

In fact, a large section of the population in India tends to have
hyperthyroidism. Since Indian food includes items like pickles and
preserves which have a very high salt content, it is quite likely
that even those with normal thyroid functioning can be pushed into
the hyperthyroid category with compulsory usage of iodised salt.
Also, each individual has his / her own capacity to absorb/ not
absorb iodine. Thus, a law that prohibits non-iodized salt is
actually dangerous.

Another major matter for concern is that manufacturers in India use
Potassium Iodate instead of Potassium Iodide to iodise common salt.
Potassium Iodate is toxic and has not been approved in the USA.
Studies in Australia have shown a high incidence of thyrotoxicosis
with Potassium Iodate.

Iodised salt is not mandatory in most of the world including USA, UK,
Australia, Switzerland, Mauritius, or Turkey, for example. In fact,
Tasmania and Holland had heavy increases in thyrotoxicosis when
iodised salt was introduced and they actually discontinued it.

It is our right as consumers to decide whether we want to use it or
not. Both should be available in the market and properly labelled to
show the contents. Infact, Iodised salt should carry a compulsory
warning in Bold Lettering that "Usage of Iodised Salt could lead to
Thyrotoxicosis."

Clearly, research presents us with contradictions that make it
impossible to clearly conclude that iodized salt is necessary for the
entire population or even that it is safe for the entire population.
Under these circumstances, the best approach is increased awareness
and testing and for ensuring that both kinds of salt are available
and can be used based on the needs of the individual.


.................................................................

HOW CAN WE SUPPLEMENT IODINE INTAKE IN OUR DIET?

MILLING AND POLISHING OF RICE AND OTHER GRAINS REMOVES THEIR IODINE
CONTENT. Cereals, millets, pulses, dals, leafy vegetables, roots and
spices, jaggery, nuts, fruits, milk and milk products, eggs, fish and
even tap water contain iodine in its natural, absorbable form. "So
basically, what you need to advocate is a healthy, balanced diet and
clean drinking water -- as it is worms and drinking water polluted
with animal and human excreta and water rich in calcium, (drawn from
deep wells ) that leads to iodine deficiency," says Digant Oza from
the Janseva Trust in Ahmedabad.

The NATIONAL INSTITUTE OF NUTRITION, Hyderabad, Government of India,
has excellent studies on iodine content of different foodstuffs, loss
of iodine in grain milling and even iodine content of regional diets.
According to them, diets in Andhra Pradesh, Gujarat, Karnataka,
Kerala, Madhya Pradesh, Maharashtra, Orissa, Tamilnadu, Uttar Pradesh
and West Bengal ALREADY HAVE HIGHER IODINE CONTENT THAN THE MINIMUM
REQUIRED.


.................................................................

TOBACCO WHICH IS A PROVEN CAUSE OF LIFE-THREATENING AILMENTS, IS
FREELY AVAILABLE, BUT LIFE SAVING DRUGS, FOOD and SALT are BEING
TAKEN AWAY FROM PEOPLE's REACH. WHAT SORT OF DEVELOPMENT ARE WE
HEADING TO?

The other concern with the government ban, which is far less clear,
is one of the consumers' right to choose. The Mumbai-based Right To
Know activist, Shailesh Gandhi says that Indian citizens are free to
smoke and eat tobacco, and even Gutka which has been certified
carcinogenic; they may drink bottled water or cold drinks having
pesticides, eat foodgrains with excessive pesticides, but may not eat
the salt of the earth. "The Government of India is going to ban the
sale of non-iodised salt by amending the Prevention of Food
Adulteration Act. It is beyond comprehension as to how common salt is
going to be classified 'adulterated', if iodine is not added to it!"
he adds.

Gandhi feels that common salt, which mankind has partaken of from
time immemorial, must not be banned. The Government has been advised
that iodine-deficiency is a major problem in India, and hence
citizens must be refused access to salt unless it has iodine added to
it. "For the poorest in the land, this translates into an extra
burden…They can do this only by reducing expenditure on their
presently inadequate food intake," he says, bringing in the cost
factor.

The cost of iodised salt is FIVES TIMES higher because of the iodine
input itself along with the iodisation process, packaging, marketing,
distribution and monitoring of iodisation. But even according to
Gandhi, "The price of ordinary salt is about Rs 2 to Rs 3 per kg.,
whereas the price of iodised salt is about Rs 7 per kg. At a price
difference of Rs 4 per kg. and an assumption of an average family of
four people consuming 1.5 kg., per month, the per head the cost
addition is Rs 1.50 per month, or Rs. 18 per year per person." This
would seem a reasonable cost to incur to ward off IDDs.

BUT GANDHI TAKES HIS ARGUMENT AGAINST THE BAN FURTHER, SAYING THAT
THE STATE MAY NEXT BE ADVISED THAT A LOT OF INDIANS ARE VITAMIN-
DEFICIENT AND THEREFORE THE SALE OF WHEAT MUST BE BANNED; ONLY WHEAT
FLOUR FORTIFIED BY VITAMINS MAY BE SOLD. "The basic issue is one of
freedom of citizens. The state has perhaps unwittingly chosen the
potently symbolic salt to challenge this freedom," he says. This
argument against the ban sounds quite reasonable, since a ban has not
been placed on tobacco, alcohol and many other harmful products.
However, there is a difference: people suffer from iodine deficiency
without knowing about it, surely there is a constitutional role for
the state to safeguard the health of the people. ⊕

.................................................................

[INVITE: A march against ban on common salt will start from Asha
Ashram, Lalpur village, Hardoi district tomorrow on 13th May and end
on 15th May at Vidhan Sabha, Lucknow. This is being led by Magsaysay
Awardee 2002 and noted social activist Dr Sandeep Pandey. More
details about this march are available online at:
http://uk.groups.yahoo.com/group/DailySouthAsian/message/743 ]
.................................................................

MONITOR: Tobacco & Alcohol surrogately promoted in garb of 'award'
Issue 9
-------

India's leading cigarette company ITC and alcohol brand leader
TEACHERS together have come up with a billboard to promote their
respective brands as 'Teacher's Awards.

The photograph of this billboard surrogately advertising ITC  and
Teachers' alcohol brand is available online at:
http://uk.ph.groups.yahoo.com/group/TambakooKills/photos/view/a529?b=8

The Cigarette and Other tobacco Products Act bans surrogate promotion
of tobacco products as well as another parliamentary Act bans
surrogate promotion of alcohol. But alcohol and tobacco companies
have devised ways to surrogately promote their respective products,
blatantly violating our own legislations for reaping profits from our
people.

This billboard is in Nishatganj flyover towards gole market,
Mahanagar, Lucknow. Municipal Corporation and Lucknow Development
Authority was approached notifying them about this violation by
tobacco and alcohol companies but the plea fell on deaf ears. No
action has been taken to either remove these hoardings or billboards
or hold the corporations accountable.

A signature campaign has been launched to mobilize public opinion
against surrogate promotion of tobacco and alcohol and so far more
than 5000 people have signed this petition demanding action against
tobacco and alcohol corporations to not only violate our public
welfare policies but also to dupe children and youth by hooking them
to addictions. For more details please write to
bobbyramakant@...


--- E V I D E N C E ---------------------------------------------
     ---------------

EVIDENCE:

http://uk.ph.groups.yahoo.com/group/TambakooKills/photos/view/a529?b=8
ITC & Teacher's - tobacco&Alcohol BRANDs
ITC tobacco co. chairman Deveshwar and Alcohol brand Teacher's both
surrogately promoted in the garb of 'Award':March'06

Surrogate Ads, in the garb of MUSIC
this is on the main ring road linking Faizabad Raod with Kanpur/Rae
Bareelli road, in frnt of Wave Multiplex, Mall
http://uk.ph.groups.yahoo.com/group/TambakooKills/photos/view/a529?b=1


Surrogate Ads: tobacco and non tobacco
Same BRAND for tobacco and non tobacco products, Lucknow, May 2006
http://uk.ph.groups.yahoo.com/group/TambakooKills/photos/view/a529?b=2


--- V I O L A T I O N S -----------------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.

* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.

* The top area of 25% of each advertising board of the specified size
shall contain a waning which should read (i) Tobacco Causes Cancer,
or (ii) Tobacco Kills.

* The rules also state that such board can contain only the brand
name or picture of the tobacco product and nothing else.

* Even oral promotion or advertising constitute an offense.



--- P E N A L  P R O V I S I O N S ------------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.


- M O N I T O R ------------------------
   -------------

MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.

Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

R U L I N G
-----------

Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------

L A S T   I S S U E
-------------------

LAST ISSUE of TambakooKiLLs MONITOR is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/20

-----------------------------------------------------------

MONITOR: Tobacco firms constantly flout advertising norms
Issue 10
-------

Tar And Feathers: Cigarette firms constantly flout Government
advertising norms
T.R. VIVEK
Outlook, National news magazine
-------------------------------

"AD RESTRICTIONS HAVE FORCED TOBACCO FIRMS TO INCREASE SPENDS AT
POINTS-OF-SALE. THEY HAVE ALSO HIKED RETAILERS' MARGINS THUS
AFFECTING BOTTOMLINES TO WOO CUSTOMERS, THE STRENGTH OF THE SALES
FORCE HAS BEEN INCREASED. MANY FIRMS HAVE ALSO FLOUTED EXISTING LAWS
IN A BID TO BOOST SALES IN THE NEAR FUTURE, THE PRESSURE ON MARGINS
IS ONLY LIKELY TO INCREASE".


Driving through the dusty highways and towns of Uttar Pradesh, it's
hard to miss the bright cheer of numerous plastic fluorescence boards
that advertise cigarette brands like Wills Navy Cut, Gold Flake and
Red and White.


If sheer visibility alone was the test of effective advertising, then
the cigarette brands would edge out the Pepsis, Cokes and the
Lifebuoys. And you thought that large-scale cigarette advertising—
especially outdoor hoardings—would have gone up in smoke after the
Central government. With no advertising avenues left, firms are
paying Rs 200-Rs 2,000 a month per vendor to put up two 6 sq ft
posters.

The Prohibition of Advertisement of Cigarette and Other Tobacco
Products Act, 2003, came into effect from May 2004. Under its
provisions, the Union ministry of health and family welfare banned
advertisement of tobacco products in all forms of media, including
print and outdoor. The only advertisements allowed were two boards or
banners of a stipulated size of three feet by two feet outside the
retail outlets. Each one of them was to contain a warning message
occupying at least 25 per cent of the top area. However, the reality
is quite different.

Almost all the boards or banners that you are likely to see on pan
shops, especially those advertising the brands of the two leading
players ITC and Godfrey Phillips India (GPI), exceed the stipulated
size. This is true of both rural areas and urban cities like
Delhi. "Ban! What ban? You can see more cigarette boards atop pan
shops than ever before," says Kishore Mishra, a pan shop owner near
Meerut. He claims that ITC pays him Rs 1,000 a month to put up the
two Capstan boards over his shop. Obviously, almost all retail
outlets are only too keen to flout government guidelines.

NGOs contend that the carpet-bombing through advertisements at points
of sale nullifies the government's intent. It is just a matter of
interpretation of the law. When it says that an ad can only be three
feet by two feet, does it include only the ad's content or the
background too? While the NGOs feel it should include the entire
board, the cigarette firms differ. "We think the size should apply
only for the ad's content," says Surinder Seru, CEO (domestic
business), GPI. In fact, the cigarette makers are using the same
argument as defence in a case filed against them in Mumbai High Court.

In any case, it seems that the advertising industry's loss is the
local panwallah's gain. With virtually no advertising avenues left,
companies are coughing up anywhere between Rs 200 and Rs 2,000 a
month for putting up the two six square feet posters allowed by the
law. According to Seru, some retailers present in key locations can
even charge upto Rs 20,000 a month. It's estimated that the country's
three million cigarette vendors earn an additional Rs 150-plus crore
a year after the advertising ban was imposed.

That's eating into the pockets of the advertisers. Before the ad ban
came into force, GPI spent nearly Rs 80 crore annually on direct
above-the-line advertising; today its spend on advertising and
promotional activities has shot up to Rs 120 crore.


"Mass media was definitely a cheaper medium, but now we have to rely
solely on point of sale promotions. Reaching out directly to three
million vendors has increased our spends by 15-20 per cent. Earlier,
we never paid a penny to the owner for advertising at his retail
outlet, and now we have to pay a huge premium," admits an ITC
executive.

Since the ad space is limited to two boards per outlet, at least
legally, and with other deep-pocketed and aggressive mncs like
Marlboro eyeing the Indian market, the stakes have become higher. It
has forced a sea-change in the cigarette distribution business. For
one, it has also forced companies like GPI and ITC and tobacco firms
like the DS group to offer higher commissions to retailers and,
hence, operate at lower margins.

GPI says that due to the twin factors of an ad ban and stiff
competition, it's forced to give retailers a commission of 30 per
cent in newer markets like Andhra Pradesh, where it entered recently
and sees a huge potential. Even in markets like Haryana and
Rajasthan, where GPI's marketshare is a healthy 30-40 per cent, it's
offering a retail commission of 20 per cent. Typically, in the pre-
ban era, such commissions were 10-15 per cent.

"The distribution network for both cigarettes and tobacco-related
products is the same and everyone is fighting for the same
advertising space. In the absence of normal advertising, there is a
clamour to improve distribution and increase point-of-sale impact by
giving more and better incentives to the distributors. Despite that,
ITC is relatively insulated because of its humungous network and the
yawning marketshare gap between us and our competitors," explains the
ITC executive.

In the Indian cigarette market, ITC, with bestselling brands like
Navy Cut and Gold Flake, enjoys an almost monopolistic 85 per cent
share with GPI a distant second at 12 per cent. "The government has
created a difficult business atmosphere. Because of the advertising
restrictions, we have had to increase our sales force by a few
thousand to reach out to more retail outlets and consumers," adds
Seru of GPI.

That's not all. In their bid to woo existing consumers and attract
new ones, cigarette-makers have had to keep changing their packaging
and design more often than the past. "When we can't communicate
through media, we have to talk to the consumers through our packaging
and at the points of sale. That is why you see constant redesigns and
new brand extensions and launches," says a senior ITC executive. In
the last two years, GPI has launched new brands like Force 10,
Cavender Premium and Tipper, aimed at the lower segment of the
market, and I-Gen regulars and milds for the premium segment. ITC,
too, has introduced Silk Cut and a milder version of Insignia. It has
also repackaged its popular brands like Gold Flake and Navy Cut.

In the near future, things will get more problematic for the
cigarette giants. Next month, Union health minister Anbumani
Ramadoss' controversial ban on smoking scenes in films and TV
programmes comes into effect. Later this year, India is expected to
sign the anti-smoking treaty mooted by the World Health Organisation
(WHO), which will force Indian firms to devote at least a third of
the space on cigarette packets to health warnings, including pictures
of diseased lungs. In fact, all packets that you buy from most
nations like Australia, Canada and several European and Asian ones
have such huge warnings.

All these will also impact margins. Finally, according to industry
sources, they will fall further if Ramadoss' plan to
have "rotational" warnings on packs sees the light of the day.As per
this plan, the manufacturers will have to change the pack's warning
messages every quarter highlighting different smoking-related
diseases. "Cigarettes attract 34 per cent higher excise than other
tobacco products (like chewing tobacco and gutka). The advertising
ban, and other proposed measures are seriously injurious to the
health of cigarette makers," laments GPI's Seru. Poetic justice,
wouldn't you say?
................................

A signature campaign has been launched to mobilize public opinion
against surrogate promotion of tobacco and alcohol and so far more
than 5000 people have signed this petition demanding action against
tobacco and alcohol corporations to not only violate our public
welfare policies but also to dupe children and youth by hooking them
to addictions. For more details please write to
bobbyramakant@...

Online available at: http://www.outlookindia.com/full.asp?
fodname=20060522&fname=Cigarettes&sid=1

--- E V I D E N C E ---------------------------------------------
     ---------------

EVIDENCE: Photographs: Credit: Jitendra Gupta, Bobby Ramakant: May
2006

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=37e8scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=d405scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=3179scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=9024scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=a6d5scd.jpg&.src=ph


--- V I O L A T I O N S -----------------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.

* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.

* The top area of 25% of each advertising board of the specified size
shall contain a waning which should read (i) Tobacco Causes Cancer,
or (ii) Tobacco Kills.

* The rules also state that such board can contain only the brand
name or picture of the tobacco product and nothing else.

* Even oral promotion or advertising constitute an offense.



--- P E N A L  P R O V I S I O N S ------------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.


- M O N I T O R ------------------------
   -------------

MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.

Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

R U L I N G
-----------

Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------

L A S T   I S S U E
-------------------

LAST ISSUE of TambakooKiLLs MONITOR is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/20

-----------------------------------------------------------

DARPAN: film on deceptive tobacco promotion in India
-------------------------------------------------------
Documentary film, 14 minutes, Hindi and English versions

DARPAN – Deceptive tobacco promotion in India, is a 14 minutes
documentary film in HINDI and ENGLISH exposing deceptive tobacco
promotion, tobacco hazards, surrogate advertising, tobacco control
Act and violations of the parliamentary Act (The Cigarette and other
Tobacco Products Act 2003) in India. This is produced by DMRC
(Development Media Resource Centre) and co-directed by Amit Dwivedi
(Ganga Jamuni village, Bahraich district) and Lucknow-based Bobby
Ramakant.

DARPAN shall be screened on this year's World No Tobacco Day May 31,
2006, in Lucknow and Delhi, and Washington DC USA during forthcoming
World Congress on Tobacco or Health.

DARPAN is a response to a growing need perceived for a visual
documentation of tobacco hazards, deceptive tobacco promotion in
India, tobacco control policies and their reckless violations and
also to draw parallels to deceptive product promotion strategies
adopted by alcohol majors in India despite of a blanket ban on
advertising, of alcohol as well as tobacco products.

Tobacco corporations have known that tobacco kills and causes cancer
since decades (Academy award winning team's documentary MAKING A
KILLING exposed documents recovered from World's largest tobacco
company Philip Morris' offices in USA). They have knowingly promoted,
rather deceptively promoted a product that is directly associated to
an array of life threatening diseases including cancers and heart
diseases. Their tobacco advertising and promotion has surreptitiously
linked tobacco use to glamour and lifestyle imagery in the developing
fertile minds of our children and youth. The real face of tobacco
hazards, is often under-reported and tobacco continues to be
perceived as low-risk.
Not only tobacco companies but even pharmaceutical companies and
healthcare industry thrive on profits generated from gory world of
diseases, disabilities and deaths attributed to tobacco use.
In India, despite of a blanket ban on alcohol advertising, alcohol
companies continue to aggressively promote their products in the garb
of soda water, bottled water, CD, cassettes, cricket etc. (surrogate
advertising). After The Cigarette and other Tobacco Products Act came
into effect on May 31, 2003, tobacco companies too have resorted to
aggressive tobacco promotion surrogately. ITC opened up more than 250
readymade garment stores (Wills Lifestyle Stores), Gold Flake tour
packages and Red and White bravery awards are other examples of
surrogate tobacco promotion.

It is in people's interest to be vigilant about the politics of
profit, perpetrated by corporations. Economic power ultimately rests
with the people. Each penny these corporations have accumulated comes
from our own people. It is in our interest to make the right choice
of exercising economic boycott of their products if we believe they
are duping us and influencing minds of our children and youth. These
corporations need to be held accountable for knowingly duping and
addicting our people. Our people need to be more vigilant and join in
the struggle to enforce people's interest policies and frameworks.

For CDs please contact Bobby Ramakant, at bobbyramakant@...,
bobby@..., 98390 73355, 9839 412418

Thanks
=========================================================

Mainstream tobacco control in healthcare system: Prof RAMA KANT
---------------------------

March from Charbagh Railway Station to KGMU Chowk
---------------------------
Seminar on Role of Health Professionals in Tobacco Control at KGMU
---------------------------
Workshop on Tobacco Control in HINDUSTAN TIMES, Lucknow
===============================================

Today to mark World No Tobacco Day, Special Session on role of
healthcare professionals in tobacco control was held in King George's
Medical University. A workshop on Tobacco control was also held within the
premises of HINDUSTAN TIMES office.

  This was organized by Tobacco Cessation Clinic
being run in KGMU with support from World Health Organization. Apart
from HOD Surgery KGMU Professor Dr Rama Kant, MLA Suresh Kumar
Srivastava, former Director of Balrampur Hospital and President of
Indian Red Cross Society Dr Shyam Sundar and UP Government
Prohibition Officer Aruna Joshi were also present.
	 Professor (Dr) Rama Kant, Head of Department of Surgery at
KGMU and International WHO Awardee 2005 said that for effective
implementation of The Cigarette and other tobacco Products Act 2003
in India, it is mandatory to scale up tobacco cessation services
(tobacco quitting services) so that not only children and youth can
be prevented from starting tobacco use but also effective assistance
can be provided free of cost to people who are addicted to tobacco
use. He proposed to Government that Tobacco Cessation Clinic which
has trained professionals providing counseling and other facilities
to facilitate tobacco quitting in KGMU, should be upgraded as a
training institute so that medical healthcare professionals including
nurses, paramedical staff and medical students can first, themselves
quit tobacco use and secondly, acquire skills to incorporate tobacco
cessation techniques in their routine healthcare practice.
	 Tobacco kills more than 9 lakhs people in India every year.
Being the biggest PREVENTABLE cause of diseases, disabilities and
deaths worldwide, it has severely added to the disease burden on our
healthcare system. The cost of treating tobacco related cancers,
heart ailments, respiratory diseases and other ailments attributed to
tobacco use, is enormous. Each disease, disability and death
attributed to tobacco use is preventable, said Professor Dr Rama Kant.
	 Senior Professor in Department of Surgery, KGMU Dr Sandeep
Kumar spoke on different techniques and their effectiveness in
tobacco cessation.
	 Dr Madhu Pathak, senior Clinical Psychologist at KGMU-WHO
Tobacco Cessation Clinic said that it is important to understand that
the sooner we quit tobacco use, the better it is. She said that in
most of the people who come to TCC, it is imperative to help them
resolve to quit tobacco, and no magic bullet treatment is available
but the will=power of the quitter itself.

	 A documentary film of 14 minutes, DARPAN – Deceptive tobacco
promotion in India (Hindi), which documents the violations of The
Cigarette and Other Tobacco Products Act in Lucknow. It is in people's interest
to be vigilant about the politics of profit, perpetrated by corporations.
Economic power ultimately rests with the people.

Each penny these corporations have accumulated comes from our own people. It is
in our interest to make the right choice of exercising economic boycott of their
products if we believe they are duping us and influencing minds of our children
and youth. These corporations need to be held accountable for knowingly duping
and addicting our people. Our people need to be more vigilant and join in the
struggle to enforce people's interest policies and frameworks.

A march was taken out from Charbagh Railway Station up to KGMU in
Chowk in the morning (8-10am), led by social activists, to raise
awareness about tobacco control legislations in India and tobacco
hazards.
People were encouraged to quit tobacco use at KGMU's TCC and be vigilant to
enforce The Cigarette and other Tobacco Products Act 2003.

MONITOR: film on violations of Tobacco Control Act in Lucknow
Issue 12
-------

Documentary film, 14 minutes, Hindi and English versions
-------------------------------------------------------

DARPAN – Deceptive tobacco promotion in India, is a 14 minutes
documentary film in HINDI and ENGLISH exposing deceptive tobacco
promotion, tobacco hazards, surrogate advertising, tobacco control
Act and violations of the parliamentary Act (The Cigarette and other
Tobacco Products Act 2003) in India.

DARPAN shall be screened on this year's World No Tobacco Day May 31,
2006, in Lucknow and Delhi, and Washington DC USA during forthcoming
World Congress on Tobacco or Health.

DARPAN is a response to a growing need perceived for a visual
documentation of tobacco hazards, deceptive tobacco promotion in
India, tobacco control policies and their reckless violations and
also to draw parallels to deceptive product promotion strategies
adopted by alcohol majors in India despite of a blanket ban on
advertising, of alcohol as well as tobacco products.

Tobacco corporations have known that tobacco kills and causes cancer
since decades (Academy award winning team's documentary MAKING A
KILLING exposed documents recovered from World's largest tobacco
company Philip Morris' offices in USA). They have knowingly promoted,
rather deceptively promoted a product that is directly associated to
  an array of life threatening diseases including cancers and heart
diseases. Their tobacco advertising and promotion has surreptitiously
linked tobacco use to glamour and lifestyle imagery in the developing
fertile minds of our children and youth. The real face of tobacco
hazards, is often under-reported and tobacco continues to be
perceived as low-risk.

Not only tobacco companies but even pharmaceutical companies and
healthcare industry thrive on profits generated from gory world of
diseases, disabilities and deaths attributed to tobacco use.

In India, despite of a blanket ban on alcohol advertising, alcohol
companies continue to aggressively promote their products in the garb
of soda water, bottled water, CD, cassettes, cricket etc. (surrogate
advertising). After The Cigarette and other Tobacco Products Act came
into effect on May 31, 2003, tobacco companies too have resorted to
aggressive tobacco promotion surrogately. ITC opened up more than 250
readymade garment stores (Wills Lifestyle Stores), Gold Flake tour
packages and Red and White bravery awards are other examples of
surrogate tobacco promotion.

It is in people's interest to be vigilant about the politics of
profit, perpetrated by corporations. Economic power ultimately rests
with the people. Each penny these corporations have accumulated comes
from our own people. It is in our interest to make the right choice
of exercising economic boycott of their products if we believe they
are duping us and influencing minds of our children and youth. These
corporations need to be held accountable for knowingly duping and
addicting our people. Our people need to be more vigilant and join in
the struggle to enforce people's interest policies and frameworks.

--- E V I D E N C E ---------------------------------------------
     ---------------

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=37e8scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=d405scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=3179scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=9024scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=a6d5scd.jpg&.src=ph


--- V I O L A T I O N S -----------------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.

* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.

* The top area of 25% of each advertising board of the specified size
shall contain a waning which should read (i) Tobacco Causes Cancer,
or (ii) Tobacco Kills.

* The rules also state that such board cannot contain the brand name
or picture of the tobacco product

* Even oral promotion or advertising constitute an offense.



--- P E N A L  P R O V I S I O N S ------------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.


- M O N I T O R ------------------------
   -------------

MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.

Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

R U L I N G
-----------

Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------

L A S T   I S S U E
-------------------

LAST ISSUE of TambakooKiLLs MONITOR is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/20

-----------------------------------------------------------

NEWS: Teen docu-maker with the right spark!
Gaurav Saigal
Hindustan Times
Lucknow
June 9, 2006
------------------

AT  PRESENT SHE IS ALL SET TO SCREEN HER MOVIE AT THE 13th WORLD
CONFERENCE ON TOBACCO CONTROL TO BE HELD IN JULY AT WASHINGTON DC.
SHE WOULD BE A GUEST AT THE AMERICAN UNIVERSITY


For many seventeen would be a tender age to move out of Coffee Caf`e
Day, endless chatting on the mobile with friends or the latest
melodrama at a multiplex. But this young girl, Shweta Sharma, who
just completed her school, has some serious business at hand.

She has completed a documentary film that is also on a serious
topic 'anti tobacco'.

Her film speaks volumes about her talent and throws a challenge
before society. Those who have wateched the documentary are all
praises for this budding filmmaker.

"At school she is a brat, funky with friends. But this quirky
creature has made a different place for herself" One of her friends
commented for Shweta, the youngest filmmaker in town.

Shweta is just out of St Dominic College and so is her
documentary 'DARPAN' on quitting smoking. The 14 minutes film
encompasses all what is there in the work on major filmmakers.

A distinctive script, able and relevant narration, perfect selection
of location and figures to support the topic. Her work resembles
famous filmmaker Anand Patwardhan.

Least but not the last, all this was done during her studies for
Class 12th Board Examinations and it took no less than two months for
Shweta to get through her first film.

"First I did a rigorous study of the anti-tobacco rules, its impact
on human health and what all was done by the government up till now.
The second job was to select a script and thirdly it was to work" the
young filmmaker says.

Surprisingly, Shweta's only tool to make a movie was a 'still camera'
and not a movie camera. She took her camera from city's noted anti
tobacco activist Bobby Ramakant. It allows only 30 seconds of video
recording and she had to capture hours of shooting!

"I used to shoot for few seconds and rush back to load that on the
laptop. The process was repeated till the scene was complete and then
the same was done for the next scene or interview of the experts"
Shweta narrated her style of working.

At present she is all set to screen her movie at the 13th World
Conference on Tobacco Control in July at Washington DC. She would be
a guest at the American University. But before that she would
translate her first film into English and several other languages.

"My mission is to screen this film in most of the places where print
media is either inaccessible or people are illiterate. First I made
it in Hindi so that the common Indian man could understand and now, I
am ready to take it global" says the young filmmaker.

Daughter of a businessman, Shweta says her inclination towards anti-
tobacco campaign came from the fact that some people known to her
suffered great health loss because of this.

Accounting is her favourite subject at school and she is willing to
go for further studies in economics.

But filmmaking remains an integral part for this resident of
Motinagar locality.

To take her mission ahead, she plans a second part of her 'DARPAN'.
*****************************************************


DOCUMENTARY FILM, 14 minutes, HINDI and ENGLISH
------------------------------------------------

DARPAN – Deceptive tobacco promotion in India, is a 14 minutes
documentary film in HINDI and ENGLISH exposing deceptive tobacco
promotion, tobacco hazards, surrogate advertising, tobacco control
Act and violations of the parliamentary Act (The Cigarette and other
Tobacco Products Act 2003) in India.

DARPAN is a response to a growing need perceived for a visual
documentation of tobacco hazards, deceptive tobacco promotion in
India, tobacco control policies and their reckless violations and
also to draw parallels to deceptive product promotion strategies
adopted by alcohol majors in India despite of a blanket ban on
advertising, of alcohol as well as tobacco products.

Tobacco corporations have known that tobacco kills and causes cancer
since decades (Academy award winning team's documentary MAKING A
KILLING exposed documents recovered from World's largest tobacco
company Philip Morris' offices in USA). They have knowingly promoted,
rather deceptively promoted a product that is directly associated to
  an array of life threatening diseases including cancers and heart
diseases. Their tobacco advertising and promotion has surreptitiously
linked tobacco use to glamour and lifestyle imagery in the developing
fertile minds of our children and youth. The real face of tobacco
hazards, is often under-reported and tobacco continues to be
perceived as low-risk.

Not only tobacco companies but even pharmaceutical companies and
healthcare industry thrive on profits generated from gory world of
diseases, disabilities and deaths attributed to tobacco use.

In India, despite of a blanket ban on alcohol advertising, alcohol
companies continue to aggressively promote their products in the garb
of soda water, bottled water, CD, cassettes, cricket etc. (surrogate
advertising). After The Cigarette and other Tobacco Products Act came
into effect on May 31, 2003, tobacco companies too have resorted to
aggressive tobacco promotion surrogately. ITC opened up more than 250
readymade garment stores (Wills Lifestyle Stores), Gold Flake tour
packages and Red and White bravery awards are other examples of
surrogate tobacco promotion.

It is in people's interest to be vigilant about the politics of
profit, perpetrated by corporations. Economic power ultimately rests
with the people. Each penny these corporations have accumulated comes
from our own people. It is in our interest to make the right choice
of exercising economic boycott of their products if we believe they
are duping us and influencing minds of our children and youth. These
corporations need to be held accountable for knowingly duping and
addicting our people. Our people need to be more vigilant and join in
the struggle to enforce people's interest policies and frameworks.

----------------------------------------------------
For more information please contact: bobbyramakant@...

BE-A-REPORTER: Report violations of Tobacco Control Act
-------------

Dear Friends,

We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)

     a) if the tobacco advertisement is more than 60cm x 45 cm

     b) if health warning is NOT `Tobacco Kills' or `Tobacco Causes
Cancer'

     c) if any brand name, or picture depicting brand name or any
promotional message is displayed

     (The ACT allows 60cmx45cm board on point of sale retail shop,
with ONLY type of tobacco displayed – no mention of brand, no
picture, no promotional message etc)


     3) If you spot any character in any movie or TV using tobacco on-
screen (The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to: tambakooKills@... or
bobbyramakant@...


----------------------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the 2nd largest eGroup listed by YahooGroups
Inc in healthcare category in the world, and it's subscribers across
India are participating in this civil society reporting process.

Please send your reports to TambakooKills@... ]
----------------------------------------

Complete text of the ruling issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

MONITOR: More Lies from Golden Tobacco Company
Issue 13
--------

TOBACCO INDUSTRY IN THE GARB OF PUBLIC HEALTH NGO: SHAME ON TOBACCO
CORPORATIONS!

Golden Tobacco Company – India's 4th largest tobacco company – says
it knows that tobacco kills, and therefore wants to help
people `quit' tobacco. It is yet another gimmick to extract more
money from tobacco users, and is definitely not an act of social
responsibility. If GTC is so concerned about life-threatening tobacco
hazards, then it should first close down it's own tobacco production
units and stop deceptive tobacco promotion to begin with.

Studies conducted globally have proven that more than 70% of tobacco
users WANT TO QUIT tobacco use. Tobacco companies face a challenge to
keep these 70% of their `customers' hooked to tobacco. Many tobacco
companies like GTC have come up with products targeted at those
who `want to quit'. This is to capture this `market' of 70% tobacco
users and not a public health exercise as GTC claims.

Studies on tobacco cessation and our personal experience at Tobacco
Cessation Clinics have shown that there is no miracle drug to help in
tobacco cessation. Tobacco Cessation needs QUALITY COUNSELLING, and
in most cases, steely resolve and will power to quit tobacco use, is
instrumental in successful tobacco cessation. Family support has also
emerged out as another key area helping people stay away from
tobacco.

GTC wants to delude us further from this cost effective therapy. GTC
has come up with a new brand of cigarettes LOW TOBAC which they claim
is low in tobacco and tar content. An NGO called Tobacco Harm
Reduction Foundation has also been set up : www.lowtobaclife.com
where they have portrayed themselves as an NGO which helps with
tobacco harm reduction products. Hoardings of Low Tobac life have
already sprung up on bus sheds all over Mumbai. In fact in a cover
story of the Bombay Times of India, Dr Surabhi Malhotra, an associate
of this foundation, was quoted on tobacco control. This is a great
cause for concern, as she, being a representative of TOBACCO
INDUSTRY, was speaking on tobacco `hazards'.

It is high time to start building a people's campaign to hold these
corporations accountable for misleading our children and youth, and
adults alike.


--- E V I D E N C E ---------------------------------------------
     ---------------

http://www.lowtobaclife.com/health.htm

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=37e8scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=d405scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=3179scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=9024scd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=a6d5scd.jpg&.src=ph


--- V I O L A T I O N S -----------------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.

* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.

* The top area of 25% of each advertising board of the specified size
shall contain a waning which should read (i) Tobacco Causes Cancer,
or (ii) Tobacco Kills.

* The rules also state that such board cannot contain the brand name
or picture of the tobacco product

* Even oral promotion or advertising constitute an offense.



--- P E N A L  P R O V I S I O N S ------------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.


- M O N I T O R ------------------------
   -------------

MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.

Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

R U L I N G
-----------

Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------

MONITOR: Tobacco Industry influences media
Issue 15
--------

- READ TWO ARTICLES WHERE INDUSTRY INFLUENCE ON MEDIA IS SO STRIKING -

[Comment: In this issue of MONITOR, we are reproducing two articles
published in lead English newspapers last week (The Times of India
and The Hindustan Times). It is just not possible to ignore the
strong tobacco industry influence to nullify the strengthening
tobacco control in India. The way tobacco industry is surreptitiously
using media to dilute and nullify tobacco control policies and Act
provisions in India, is extremely disturbing. Please read more…]

1) The Hindustan Times, Sunday: A HEALTH WARNING FOR Dr RAMADOSS [Dr
Ramadoss is Health Minister of India]
2) The Times of India, Sunday: SHOULD CELEBS STOP ENDORSING SOFT
DRINKS? NO ADD TO CLIPPINGS
================================================

1) A HEALTH WARNING FOR DR RAMADOSS
The Hindustan Times, Sunday June 18, 2006
-----------------------------------------------------------------

  Let him warn as much as he wants — but don't try and stop us
choosing for
  Karan Thapar

I 'VE COME to the conclusion that Anbumani Ramadoss is the sort of
minister we can do without. My grouse is not that he's incompetent,
corrupt or half-witted. For all I know he may be an excellent
administrator, honest and brilliant to boot. The problem is he has no
respect for the rest of us. He treats us like children, even idiots.
He thinks he knows best and that he's always right. I'm afraid
ministers who think they're infallible are a nuisance. They need to
be eliminated — much like pests! Last week Dr Ramadoss asked
celebrities to stop endorsing aerated drinks. With the likes of
Shahrukh Khan, Aishwarya Rai and Sachin Tendulkar in mind, he
said: "I urge stars... to desist from promoting these products." Why?
Because the good doctor has decided they're bad for us and,
therefore, we must not be tempted to drink them.

Earlier, the doctor's wrath fell upon scenes of smoking in films and
television. He believes these glamorise smoking and tempt us to
follow suit. So now, a committee he will appoint will decide if
smoking on screen is permissible. If it is, the concerned actor will
have to feature in an advertisement warning against smoking to be run
before, after and during the film. In older movies, a scroll with the
same message will be run for a minute before and after each smoking
scene.

Both decisions are silly. But since silliness is typical of
politicians what irks me is that, in addition, both decisions
transgress into areas where ministers ought not to venture. They
intrude upon our right to decide for ourselves.

No one would deny smoking is bad — not even smokers themselves.
Similarly, most people believe too many Cokes, Pepsis, Fantas, Thums
Ups or Mirindas aren't in their best interest al though, to be
honest, I'm not sure if they're bad per se. However, a surfeit of
anything isn't advisable. That's indisputable.

But do we need — or want — ministers to prevent us from temptation?
And does prevention work? The answer to both questions is no.

Let's take the second first. Will a warning by, say, Ajay Devgan or
Sanjay Dutt put people off smoking? Indeed, does awareness of how bad
smoking can be stop people from starting? Clearly, the answer is no
otherwise how does Ramadoss explain the fact that the proportion of
doctors who smoke is not smaller than the proportion of the general
population? No one could be more aware of the damage cigarettes cause
yet, despite this, they've taken to the weed in similar numbers.

However, it's the first question that is cause for greater concern.
Is it the job of ministers to prevent us from temptation? Unless they
think of themselves as St Matthew, I would say emphatically not.
Because when they try, what they're really doing is stopping us
deciding for ourselves. That, in turn, is denying us the right to
make the wrong choice. This may be acceptable when you're handling
children but when it's adults, it's intolerable.

The issue, however, goes deeper. Its not simply disrespect for our
adulthood but also denial of our humanity. Let me put it like this: I
wonder if Ramadoss knows who Descartes was? Or has he heard of the
dictum cogito ergo sum (actually it was je pense danc je suis, but
why be pedantic)? In English, that's `I think, therefore I am'. What
it asserts is that it's the capacity to reason, to discriminate right
from wrong, to choose between alternatives that distinguishes human
beings from other animals. Yet it's precisely this capacity — the
right to decide for ourselves — that the interfering doctor is
denying us. By seeking to remove temptation he's also attempting to
do away with the difficult choices which test and prove our
individuality.

If we have the capacity to choose between the UPA and the NDA — or
the AIADMK and the PMK, the minister's party — then, surely, we have
the requisite facility to decide between smoking or drinking Coke and
Pepsi and desisting from doing so? Let him warn as much as he wants
or raise the price if he has to — although that won't work — but
don't try and stop us choosing for ourselves.

Perhaps the health minister needs a health warning — in areas where
no one else is affected we have a right to be wrong. It may not be
good for us but it's neither immoral nor illegal. And the decision is
ours. Let us make it as we want.
============================================================

2) SHOULD CELEBS STOP ENDORSING SOFT DRINKS? NO ADD TO CLIPPINGS
Prahlad Kakkar, Adman
The Times of India
---------------------------

Mr Ramadoss has no right to speak off the record. Nor can he speak in
his personal capacity because he happens to be a public servant. And
not an ordinary public servant, but the minister for health. India is
reeling under the lack of attention towards health. We have a rampant
AIDS epidemic, the highest cases of diabetes in the world, Hepatitis
B, compounded by bird flu and other sundry things. The minister
should be awarded the family planning portfolio for presiding over
the demise of millions of people in this country. While he will be
chastised for it as health minister, he will receive bouquets as
family planning minister. As a minister, he can't make irresponsible
statements without furnishing facts. His statement is just shooting
from the lip, hip or whichever part of his anatomy that is convenient.

Since this is such a serious subject, his statement in limbo smacks
of irresponsibility. If he's serious about the issue, he should bring
out a white paper to educate people about the ills of fast food, soft
drinks, pakoras... and pass a legislation against them. In the
organised sector, the government first allowed those MNCs into the
country that dealt essentially with soft drinks, packaged fast food
and junk food - all of which seemed to be highly desirable to India's
middle class - which had only read about these articles and had never
experienced the real McCoy.

Obviously, India took to these products with a vengeance. And we were
lumped with obese Punjabi children who were called khaate peete types
and whose blubbery cheeks were used as handles to lift them up with -
that was our understanding of 'haalthy'. Then, in a moralistic about-
turn, we are swiftly trying to disappear up our own anal regions. We
are teetering between righteousness and greed and we don't really
know how to tackle either.

Therefore, the minister makes innuendoes rather than declare facts.
And uses a very effective bhai-language, which is a veiled threat
rather than firmaan.

In the past, whenever a government has resorted to innuendo and
veiled threat, it has almost meant - in the parlance of rajniti -
that hamara lifafa bahut halka hai, thoda bhari karo to hum chup reh
jayenge. My request to him is to be clear about what he means. Does
he mean the health of the nation is teetering on the brink of fizzy
drinks, or does he mean fill my hand and shake it?

I'm waiting with my congratulatory statement, when he actually gets
on a podium and, to the chagrin of all his benefit receiving
colleagues, bans all fizzy drinks. The ban can be substantiated by
facts that exist.


--- E V I D E N C E ---------------------------------------------
     ---------------

http://f5.grp.yahoofs.com/v1/QGebRFNj-
aYFst4ijiFCq5EQ8rQWlGbrNOwT89_N7sh1Pq7Ji1SS1FI2p4ph1J_dhpgKhc1hs8l37qA
OpUbxQA/The-Goa-Judgement.pdf
http://www.thehindustantimes.com
http://www.timesofindia.com
http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm
=37e8scd.jpg&.src=ph

--- V I O L A T I O N S -----------------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.
* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.
* The top area of 25% of each advertising board of the specified size
shall contain a waning which should read (i) Tobacco Causes Cancer,
or (ii) Tobacco Kills.
* The rules also state that such board cannot contain the brand name
or picture of the tobacco product
* Even oral promotion or advertising constitute an offense.

--- P E N A L  P R O V I S I O N S ------------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.

- M O N I T O R ------------------------
   -------------

MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.

Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

R U L I N G
-----------

Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------

BE-A-REPORTER: Report violations of Tobacco Control Act
-------------

Dear Friends,

We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)

     a) if the tobacco advertisement is more than 60cm x 45 cm

     b) if health warning is NOT `Tobacco Kills' or `Tobacco Causes
Cancer'

     c) if any brand name, or picture depicting brand name or any
promotional message is displayed

     (The ACT allows 60cmx45cm board on point of sale retail shop,
with ONLY type of tobacco displayed – no mention of brand, no
picture, no promotional message etc)


     3) If you spot any character in any movie or TV using tobacco on-
screen (The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to: tambakooKills@... or
bobbyramakant@...


----------------------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the 2nd largest eGroup listed by YahooGroups
Inc in healthcare category in the world, and it's subscribers across
India are participating in this civil society reporting process.

Please send your reports to TambakooKills@... ]
----------------------------------------

Complete text of the ruling issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

MONITOR: Tobacco promotion in the garb of public health
Issue: 16
---------

The Cigarette and Other Tobacco Products Act (COTPA) 2003 has banned
direct, indirect and surrogate tobacco promotion, so tobacco
companies have launched yet another product :"LOW TABAC" (marketed as
LowTabac), which although contains tobacco, is still promoted with a
public health message with harm reduction argument.

Hemant Goswami (email: hemantgoswami@...) of Burning Brain
Society has done a commendable job in unwinding this new move of
tobacco promotion, supposedly by GTC.

This product LowTabac is reportedly being made by an undeclared
identity - only a website mention is reported (LowTobaclife.com). The
email address and mobile number given in this website of some Mr
Pradeep Kumar(resident of 16-H B-2 Mayur Vihar Phase-III, Delhi,
110092. Telephone: +91-9810531646. Email: advocaterk@...) is
not working. We suspect the address might be fake too.

Although the company details are under doubt, still The Times of
India has published advertisements of this product, and big hoardings
have come up in Mumbai recently. Today Hemant Goswami reported that
these hoardings are being pulled down because of the building up of
civil society pressures.

WHAT CAN WE DO?
--------------

This is an illegal act and attracts up to 5 years of imprisionment
under the tobacco control act.

A complaint in Mumbai under Section 5 of COTPA should be immediately
filed and the MoH should write to the Maharashtra Government asking
for immediate action.

There can be multiple complains and every person and NGO can file a
separate police complaint under Section 5 of COTPA.


--- E V I D E N C E ---------------------------------------------
     ---------------

http://www.lowtobaclife.com/health.htm

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=/47d4&.dn
m=aacascd.jpg&.src=ph

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=/47d4&.dn
m=37ccscd.jpg&.src=ph


--- V I O L A T I O N S -----------------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.
* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.
* The top area of 25% of each advertising board of the specified size
shall contain a waning which should read (i) Tobacco Causes Cancer,
or (ii) Tobacco Kills.
* The rules also state that such board cannot contain the brand name
or picture of the tobacco product
* Even oral promotion or advertising constitute an offense.

--- P E N A L  P R O V I S I O N S ------------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.

- M O N I T O R ------------------------
   -------------

MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.

Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

R U L I N G
-----------

Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------

MONITOR: Prahlad Kakkar owns Cigar brand Shergar
Issue: 17
---------

Comment: It is not surprising to read Ad-man Prahlad Kakkar's article in support
of tobacco industry ridiculing public health and corporate accountability
policies. He owns a cigar company by the name of Shergar. Please see the
photographic evidence at:
http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm=47f0scd.j\
pg&.src=ph

Below is an article written in support of corporations and industries by Prahlad
Kakkar in The Times of India. Read more...

SHOULD CELEBS STOP ENDORSING SOFT DRINKS? NO ADD TO CLIPPINGS
Prahlad Kakkar, Adman
The Times of India
------------------

Mr Ramadoss has no right to speak off the record. Nor can he speak in his
personal capacity because he happens to be a public servant. And not an ordinary
public servant, but the minister for health. India is reeling under the lack of
attention towards health. We have a rampant AIDS epidemic, the highest cases of
diabetes in the world, Hepatitis B, compounded by bird flu and other sundry
things. The minister should be awarded the family planning portfolio for
presiding over the demise of millions of people in this country. While he will
be chastised for it as health minister, he will receive bouquets as family
planning minister. As a minister, he can't make irresponsible statements without
furnishing facts. His statement is just shooting from the lip, hip or whichever
part of his anatomy that is convenient.

Since this is such a serious subject, his statement in limbo smacks of
irresponsibility. If he's serious about the issue, he should bring out a white
paper to educate people about the ills of fast food, soft drinks, pakoras... and
pass a legislation against them. In the organised sector, the government first
allowed those MNCs into the country that dealt essentially with soft drinks,
packaged fast food and junk food - all of which seemed to be highly desirable to
India's middle class - which had only read about these articles and had never
experienced the real McCoy.

Obviously, India took to these products with a vengeance. And we were lumped
with obese Punjabi children who were called khaate peete types and whose
blubbery cheeks were used as handles to lift them up with - that was our
understanding of 'haalthy'. Then, in a moralistic about- turn, we are swiftly
trying to disappear up our own anal regions. We are teetering between
righteousness and greed and we don't really know how to tackle either.

Therefore, the minister makes innuendoes rather than declare facts. And uses a
very effective bhai-language, which is a veiled threat rather than firmaan.

In the past, whenever a government has resorted to innuendo and veiled threat,
it has almost meant - in the parlance of rajniti - that hamara lifafa bahut
halka hai, thoda bhari karo to hum chup reh
  jayenge. My request to him is to be clear about what he means. Does he mean the
health of the nation is teetering on the brink of fizzy drinks, or does he mean
fill my hand and shake it?

I'm waiting with my congratulatory statement, when he actually gets on a podium
and, to the chagrin of all his benefit receiving colleagues, bans all fizzy
drinks. The ban can be substantiated by facts that exist.


--- E V I D E N C E ---------------------------------------------
     ---------------

http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm=47f0scd.j\
pg&.src=ph

http://www.timesofindia.com

--- V I O L A T I O N S -----------------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5 of the
Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any trade mark
or brand name associated with any tobacco product in exchange of any
sponsorship, gift or prize.
* Affixing more than two boards, exceeding the size with one side 60 cms X 90
cms even inside a tobacco warehouse.
* The top area of 25% of each advertising board of the specified size shall
contain a waning which should read (i) Tobacco Causes Cancer, or (ii) Tobacco
Kills.
* The rules also state that such board cannot contain the brand name or picture
of the tobacco product
* Even oral promotion or advertising constitute an offense.

--- P E N A L  P R O V I S I O N S ------------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the provisions of the
tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision of section 5
shall, on conviction, be punishable— (a) in the case of first conviction, with
imprisonment for a term which may extend to two years or with fine which may
extend to one thousand rupees or with both, and (b) in the case of second or
subsequent conviction with imprisonment for a term which may extend to five
years and with fine which may extend to five thousand rupees.

- M O N I T O R ------------------------
   -------------

MONITOR is a weekly feature of TambakooKills, reporting violations of the
rulings issued by Directorate of Health Services, Government of India, for The
Cigarette and other tobacco Products Act.

TambakooKills is the largest eGroup listed by YahooGroups Inc in healthcare
category in the world, and it's subscribers across India are participating in
this civil society reporting process.

Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

R U L I N G
-----------

Complete text of the RULING issued by Directorate of Health Services is
available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

-----------------------------------------------------------

MONITOR: Tobacco advertising in the garb of Formula-1 Car Racing
Issue: 18
---------

   Commentary: With The Cigarette and other Tobacco Products Act 2003 gaining
ground in India, tobacco companies are finding surreptitious methods to
circumvent these public health and corporate accountability policies. Please see
a picture taken by us in Pune, of a Maruti Esteem – modified to look like a
racing car – and prominent display of brand-name Marlboro. This photograph is
available online at:
  
http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm=b6ecscd.j\
pg&.src=ph
   Formula 1 Car Racing is not only a new sport for India 0 it is another
opportunity for tobacco companies to sneak in their advertisements and brand
promotion. The target group of F1 Car Racing and Tobacco companies, is the same:
Children/Youth.
   An article published in The Hindu in February 2004, which is being reproduced
below has definitely gained significance if we re-read it today. Read more…
   ..............................................

WILL TOBACCO COMPANIES RIDE F1 TO BEAT THE BAN?
The Hindu, Mumbai, India
Feb. 10, 2004
-----------------

   "Formula 1 CAR RACING UNDERTAKING IN INDIA IS INDICATIVE THAT TOBACCO
COMPANIES WILL USE IT AS A VEHICLE TO CONTINUE ADVERTISING"

   `COME to Marlboro Country' scream out hoardings to the average traveller on
the roads of India's financial capital, Mumbai.

   But with Formula One (F1) car racing reported to be making a pitch for
Maharashtra, after Andhra Pradesh - organisations working on consumer and
health-related issues worry that tobacco companies just may use F1 as a vehicle
to circumvent the tobacco advertising ban, slated to come into force in May.
   Only last week, India ratified the Framework Convention on Tobacco Control
(FCTC) - a global framework to put a curb on tobacco use.
   "But can tobacco advertising be effectively banned? Banning in developed
countries, with Australia, Canada and New Zealand taking a lead, is resulting in
tobacco companies shifting to developing countries," observes Mr Mike Pertschuk,
Co-Director with the US-based Advocacy Institute. And the hardsell that F1 is
undertaking in India is indicative that tobacco companies will use it as a
vehicle to continue advertising, he points out. Mr Pertschuk was earlier with
the Federal Trade Commission and has about 40-years worth of expertise on the
tobacco industry. But are their concerns misplaced, given that by the time F1
actually hits the road, it would be a few years down the line and the ban would
already be in force? "Our worries are based on the experience of countries like
Germany and Canada. While Germany is lagging behind on this issue, Canada
effected an anti-tobacco legislation, following which the F1 Grand Prix dropped
Canada as a venue. But the Government stood its
  ground. The Indian Government too is likely to encounter similar pressures,"
points out Ms John.
   The global debate currently stands on whether international sport would be
weaned away from tobacco sponsorship by 2005 or 2006.
   The European Union voted to bring the ban in by 2005, but countries like
Germany are looking to stretch that deadline, she points out.
   Meanwhile, with the Indian anti-tobacco law cracking its whip on brand
extensions and surrogates, Mr Pertschuk points out: "The Indian Government has
watched the experience in other countries and tried to anticipate industry
reaction. But industry will find new ways, for instance, a tobacco company in
Sri Lanka was found paying youngsters to smoke in malls."
   The Government will have to watch out for these innovative avenues that would
be much more subtle than riding the F1, he points out.

   Available online for reference:
http://www.blonnet.com/2004/02/11/stories/2004021102940400.htm

--- E V I D E N C E ---------------------------------------------
     ---------------
  
http://asia.pg.photos.yahoo.com/ph/bobbyramakant/detail?.dir=47d4&.dnm=b6ecscd.j\
pg&.src=ph

--- V I O L A T I O N S -----------------------------------------
     -------------------
   VIOLATIONS: What all provisions constitute violation under Section 5 of the
Tobacco control Act.
   * Any direct or indirect promotion of any tobacco product(s) or any trade mark
or brand name associated with any tobacco product in exchange of any
sponsorship, gift or prize.
* Affixing more than two boards, exceeding the size with one side 60 cms X 90
cms even inside a tobacco warehouse.
* The top area of 25% of each advertising board of the specified size shall
contain a waning which should read (i) Tobacco Causes Cancer, or (ii) Tobacco
Kills.
* The rules also state that such board cannot contain the brand name or picture
of the tobacco product
* Even oral promotion or advertising constitute an offense.

   --- P E N A L  P R O V I S I O N S ------------------------------
     ------------------------------
   PENAL PROVISIONS: What is the Punishment for violation of the provisions of
the tobacco control Act?
   Section 22 of the Act reads that; Whoever contravenes the provision of section
5 shall, on conviction, be punishable— (a) in the case of first conviction, with
imprisonment for a term which may extend to two years or with fine which may
extend to one thousand rupees or with both, and (b) in the case of second or
subsequent conviction with imprisonment for a term which may extend to five
years and with fine which may extend to five thousand rupees.

   - M O N I T O R ------------------------
   -------------
   MONITOR is a weekly feature of TambakooKills, reporting violations of the
rulings issued by Directorate of Health Services, Government of India, for The
Cigarette and other tobacco Products Act.
   TambakooKills is the largest eGroup listed by YahooGroups Inc in healthcare
category in the world, and it's subscribers across India are participating in
this civil society reporting process.
   Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

   R U L I N G
-----------
   Complete text of the RULING issued by Directorate of Health Services is
available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12
   -----------------------------------------------------------





[Non-text portions of this message have been removed]

BE-A-REPORTER: Report violations of Tobacco Control Act
-------------

Dear Friends,

We encourage you to report violations of The Cigarette and Other
Tobacco Products Act, rulings of which came into effect on April 1,
2006.

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)

     a) if the tobacco advertisement is more than 60cm x 45 cm

     b) if health warning is NOT `Tobacco Kills' or `Tobacco Causes
Cancer'

     c) if any brand name, or picture depicting brand name or any
promotional message is displayed

     (The ACT allows 60cmx45cm board on point of sale retail shop,
with ONLY type of tobacco displayed – no mention of brand, no
picture, no promotional message etc)


     3) If you spot any character in any movie or TV using tobacco on-
screen (The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to: tambakooKills@...

----------------------------------------
MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.

TambakooKills is the 2nd largest eGroup listed by YahooGroups
Inc in healthcare category in the world, and it's subscribers across
India are participating in this civil society reporting process.

Please send your reports to TambakooKills@... ]
----------------------------------------

Complete text of the ruling issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12

MONITOR: Nine essential points about FCTC
Issue 19
--------

FCTC: Framework Convention on Tobacco Control, is the first
International public health and corporate accountability treaty
convened by World Health Organization. It has been ratified by 133
member countries in the world, including India.
................................

1. The Framework Convention on Tobacco Control (FCTC) is the world's
first public health treaty, committed to stemming the globalisation
of the tobacco epidemic. Tobacco was responsible for 5 million
deaths in 2005 alone, a yearly total that will rise to 10 million by
2020.

2. In May of 2003, the World Health Organization's World Health
Assembly unanimously adopted the FCTC after four years of
negotiations among it's 192 members.

3. Signing of the treaty: When a World Health Assembly member
country signs FCTC, it means it supports the concept of ratification
and do nothing that would undermine the treaty, but is not in itself
legally binding.

4. Ratification of the treaty: After signing this treaty, when a
member country presents this treaty to it's senate or parliament and
gets it ratified there by 2/3rd majority, then it becomes legally
binding for that country to abide by the provisions of FCTC treaty.

5. When 40 countries had ratified FCTC, (November 29, 2004) then it
triggered the 90 days count down of entry into force. The FCTC went
into effect as legally binding for all ratifying parties on February
27, 2005. There were 57 ratifying parties on this date. As of June
6, 2006, the number of ratifying nations had risen to 131, making it
the fastest treaty ratification process in UN history, and covering
more than 3/4 of the world's population.

.........................................
6. The FCTC MANDATORY PROVISIONS include:
        -------------------------
* a comprehensive ban on advertising, sponsorship and promotion,
with narrow exceptions for countries such as the US that face
constitutional conflicts

* Warning labels that cover at least 30% of the package

* elimination of deceptive and misleading labels such as "light"
and "low tar"

* protection of non-smokers in public places and places of work

* specific measures to reduce tobacco smuggling
...............................................

7. The treaty also encourages parties (ratified countries) to enact
other tobacco control policies  such as:

* increasing tobacco taxes

* eliminating duty-free sales of tobacco products

* considering litigation against the tobacco industry

* prohibiting the sale of tobacco to minors

* including tobacco cessation services in national health plans
.................................................

8) The FCTC member nations began negotiations in early 2006 to
develop more detailed provisions regarding such treaty components as
cross-border advertising and smuggling, and the funding,
enforcement, and evaluation of the treaty's provisions. Because a
member-party of the treaty is one that has RATIFIED and not just
SIGNED the treaty, the US will not be able to participate in further
treaty development until it ratifies. (US has not ratified FCTC
through it's parliamentary process, and only signed it).

9) The FCTC current and future member parties must work toward
effective implementation of the treaty's provisions into national
laws, enforcement of these policies, and evaluation of it's effects.


--- E V I D E N C E ---------------------------------------------
---------------

http://www.fctc.org
http://www.who.int/tobacco

--- V I O L A T I O N S -----------------------------------------
-------------------
VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.
* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.
* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.
* The top area of 25% of each advertising board of the specified
size shall contain a waning which should read (i) Tobacco Causes
Cancer, or (ii) Tobacco Kills.
* The rules also state that such board cannot contain the brand name
or picture of the tobacco product
* Even oral promotion or advertising constitute an offense.

--- P E N A L P R O V I S I O N S ------------------------------
------------------------------
PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?
Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.

- M O N I T O R ------------------------
-------------
MONITOR is a weekly feature of TambakooKills, reporting violations
of the rulings issued by Directorate of Health Services, Government
of India, for The Cigarette and other tobacco Products Act.
TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.
Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

R U L I N G
-----------
Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12
-----------------------------------------------------------

MONITOR: Pro-Tobacco writer Raj Chatterjee owns Imperial Tobacco Co.
Issue 20
-------

NO WHERE IN ANY OF THESE ARTICLES, MEDIA MENTIONED THE DISCLOSURE THAT AUTHOR
RAJ CHATTERJEE OWNS IMPERIAL TOBACCO COMPANY. Read more...

COMMENT: Media needs to show more moral conduct and ethics, and not allow owners
of tobacco companies like Raj Chatterjee to author SEVERAL pro-tobacco articles
and op-eds. His articles not only ridicule existing tobacco control Acts and
policies, but also glamorise and romanticise tobacco use. NO WHERE IN ANY OF
THESE ARTICLES, MEDIA MENTIONED THE DISCLOSURE THAT AUTHOR RAJ CHATTERJEE OWNS
IMPERIAL TOBACCO COMPANY. Read more...
.......................

EXPOSURE: Re-read old issues of The Tribune national daily:

"It is no wonder that Raj Chatterjee of the Imperial Tobacco Company and a
member of a mixed club in Delhi in the 1940s recalls that Europeans still
remained ..."
Available online at: http://www.jstor.org/view/00219371/sp030007/03x0053a/0

.......................

ARTICLE 1:
My Lady Nicotine
The Tribune, India
July 13, 2006
-------------

by Raj Chatterjee

   Beautiful women, flowers, snow-capped mountains, placid lakes, moonlit nights
and the songs of birds are not the only objects that have provided inspiration
to poets to compose their odes.
   One of my treasured possessions is a slim volume with the title “Lyria
Nicotiana”. Published in 1898, it is a collection of poems edited and compiled
by one William Hutchinson.
   The compiler says in his preface: “Once the fashion of smoking was introduced
it rapidly grew into a craze. Authors discoursed learnedly on its excellent
effects on health and maintained its sovereign virtue as a preservative against
all disease and as a means of lengthening life.”
   Other authors, with equal assurance and display of learning proved it to be a
venomous drug that would undermine the British constitution, physical and
political. The book contains over a hundred poems. I have picked a few at random
to illustrate the sentiments of the literati of yore.
   William Barclay, writing in the quaint language of the 17th century, said:
“The statlie rich, late conquered Indian plaines/Foster a plant, the prince of
all plants/ This plant at home the people and the priests assure/ Of his
goodwill, whom they as God adore/ Both here and there it worketh wondrous
cure/And hath such heauenue vertue in store. The “Indian Plaines”, of course,
refer to America which Christopher Columbs had mistakenly taken to be India.
   A poem in an 18th century issue of the “Gentleman’s Magazine” said: “Tube, I
love thee as my life/ By thee I mean to choose my wife/ Tube, thy colour let me
find/ In her skin, and in her mind/ Let her have a shape as fine/ Let her breath
be as sweet as thine/ Let, when her lips I kiss/ Burn like thee, to give me
bliss”.
   In the 18th century drawing rooms of the upper classes snuff was considered to
be more “genteel” than the pipe. William Cowper pleads for the latter in these
words: “Says the pipe to the snuffbox, “I can’t understand/ What the ladies and
gentlemen see in your face/ That you are in fashion all over the land/ And I am
so much fallen into disgrace.”
   It was not till the 19th century that we come across the first clarion call
against the use of tobacco which, however, was not regarded seriously by its
votaries. The following poem has in it a foretaste of what we read in medical
journals today: In spite of dire forewarnings that my brains will be scattered/
My memory extinguished, and my nervous system shattered/ That my hand will take
to trembling, and my heart begin to flutter/ My digestion turn a rebel to my
very bread and butter/ As I pull this mild Havana, and its ashes slowly
lengthen/ I feel my courage gather and my resolution strengthen/ I will smoke,
and I will praise you, my cigar, and I will light you/ with tobacco-phobic
pamphlets by the learned prigs who fight you”.

Available online at: http://www.tribuneindia.com/2006/20060713/edit.htm

.......................

ARTICLE 2:
THE TRIBUNE: With amorous intent
Raj Chatterjee

   “Trust in God”, says an old Arab proverb, “but tie up your camel”. It was some
such thinking, no doubt, that led the 13th century Crusaders to invent the
chastity belt. I am always reminded of it when we receive a card from two of our
dearest friends, an old colleague and his wife, who live in Dorset, England.
   My memory goes back to the second year of World War II when as a bachelor and
very junior assistant, I was ordered to proceed from Cawnpore (a spelling still
dear to me) to a place called Dalsingserai in the wilds of north Bihar.
   At the time of which I write D’serai was what was known as a “flag station” on
the Oudh-Tirhut Railway, also known as the “Old Twerps’ Rly”. This meant that
unless previously arranged with the railway authorities, no mail or express
train stopped there.
   My company owned some plantations in the region with a “leaf” (tobacco) depot
at D’Serai attached to which was a large and comfortable bungalow, once owned by
His Highness of Darbhanga, with its own generator, tennis court and swimming
pool. The “outposts of the Empire” men certainly knew how to make themselves
comfortable!
   Anyway, the Bihar earthquake a few years earlier having demolished our sales
branch in Patna we had been given temporary accommodation in this oasis and the
reason for my transfer was that the British manager, without an assistant owing
to the exigencies of the war, was required to do a month’s training with the
Auxillary Force of India. I was there to hold the fort in his absence.
   I had been told by my boss at Cawnpore that the man I was going to replace had
recently got married to an “absolute stunner”, Being young and normal in every
respect, I looked forward with mounting excitement to being left alone in the
company’s bungalow while her husband went soldiering.
   Early one morning in October I alighted from the Samastipur Express at D’Serai
and walked across the railway lines to the manager’s bungalow. I was greeted by
an Englishman in his mid-30’s, slightly thin on top, but good-looking and
well-built. He greeted me cordially though he had never shared a house with an
Indian before. His wife didn’t appear till lunchtime She was a “stunner” alright
and bore a strong resemblance to one of my favourite film stars, Myrna Loy.
   The three of us got on extremely well, playing tennis in the afternoon and
scrabble at night. The only discordant note in the set-up was a large tabby cat
called Sheba, much loved by my hostess and greatly feared and disliked by me.
   On the night before my host’s departure for his camp we were sitting on the
verandah sipping our drinks when the husband said to me, “I say, I do hope you
won’t mind looking after her while I’m away”.
   “Good heavens, no!” I said trying hard to keep the eagerness out of my voice.
“After all, she’s your wife”.
   “Wife?” ejaculated the man, sounding greatly puzzled. “Margaret is going to
stay with some friends in Muzaffarpur. I’m talking about Sheba.” My heart sank
in my boots, not to speak of the embarrassment.

Available online at: http://www.tribuneindia.com/2003/20030616/edit.htm


--- E V I D E N C E ---------------------------------------------
     ---------------

http://www.jstor.org/view/00219371/sp030007/03x0053a/0
http://www.tribuneindia.com/2006/20060713/edit.htm
http://www.tribuneindia.com/2003/20030616/edit.htm


--- V I O L A T I O N S -----------------------------------------
     -------------------
VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.
* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.
* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.
* The top area of 25% of each advertising board of the specified
size shall contain a waning which should read (i) Tobacco Causes
Cancer, or (ii) Tobacco Kills.
* The rules also state that such board cannot contain the brand name
or picture of the tobacco product
* Even oral promotion or advertising constitute an offense.

--- P E N A L P R O V I S I O N S ------------------------------
     ------------------------------
PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?
Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.

- M O N I T O R ------------------------
     -------------
MONITOR is a weekly feature of TambakooKills, reporting violations
of the rulings issued by Directorate of Health Services, Government
of India, for The Cigarette and other tobacco Products Act.
TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.
Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

F C T C ... provisions:
-------
Nine salient features of First International Public Health and corporate
Accountability treaty FCTC (Framework Convention on Tobacco Control) are
available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/36
-----------------------------------------------------------

R U L I N G
-----------
Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12
-----------------------------------------------------------

BE-A-REPORTER: Report violations of Tobacco Control Act
-------------

Dear Friends,

We encourage you to report violations of The Cigarette and Other
Tobacco Products Act and Framework Convention on Tobacco Control
(FCTC). Complete text of the ruling issued by Directorate of Health
Services is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12 and nine
salient features of FCTC are available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/36

If you spot:

1) Any tobacco advertisement except on point of sale (retail shop)

2) At point of sale (tobacco retail outlet)

     a) if the tobacco advertisement is more than 60cm x 45 cm

     b) if health warning is NOT `Tobacco Kills' or `Tobacco Causes
Cancer'

     c) if any brand name, or picture depicting brand name or any
promotional message is displayed

     (The ACT allows 60cmx45cm board on point of sale retail shop,
with ONLY type of tobacco displayed – no mention of brand, no
picture, no promotional message etc)

     3) If you spot any character in any movie or TV using tobacco on-
screen (The ACT warrants movies or TV serials etc made earlier to
scroll warnings, please report if no warnings are being scrolled in
black-white for movies/TV serials made earlier than April 1, 2006)

Please send your reports to: tambakooKills@...

- M O N I T O R ------------------------
    -------------
MONITOR is a weekly feature of TambakooKills, reporting violations
of the rulings issued by Directorate of Health Services, Government
of India, for The Cigarette and other tobacco Products Act.
TambakooKills is the largest eGroup listed by YahooGroups Inc in
healthcare category in the world, and it's subscribers across India
are participating in this civil society reporting process.
Please SEND YOUR REPORTS to TambakooKiLLs@... ]
----------------------------------------

F C T C ... provisions:
-------
Nine salient features of First International Public Health and
corporate
Accountability treaty FCTC (Framework Convention on Tobacco Control)
are
available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/36
-----------------------------------------------------------

R U L I N G
-----------
Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12
-----------------------------------------------------------

MONITOR: Omkara portrays tobacco use without warnings
Issue 25
------------

OMKARA, HAS "A" CERTIFICATE BY CENSOR BOARD OF INDIA, HAS SEXUALLY EXPLICIT
LANGUAGE AND SMOKING DEPICTION. NO WARNINGS SCROLL UP THE SCREEN WHEN LEAD STARS
SMOKE. CHILDREN AND YOUTH BELOW 18 YEARS ALLOWED ACCESS TO CINEMA THEATRE IN
LUCKNOW. See the evidence: http://www.omkarathefilm.com/images/g2.jpg
.................


Omkara, the much talked about blockbuster movie by Vijay Bhardwaj, which boasts
of an all-star cast, super music, a script based on Shakespeare's Othello, slick
promos and a promising director, was released on July 28, 2006. Although the
film has got an “A” certificate by Censor Board, making it only for 18 years and
above, in Lucknow’s first multiplex WAVE (East End Mall) we could see many young
children in the hall too. The main male star casts (Saif Ali Khan, Vivek
Oberoi), have been shown smoking. If children and youth will have free access to
movies classified as ‘A’, how effective will our prohibitions be?

Moreover no warnings have been shown scrolling up in Hindi. Recently our Union
Minister for Health and Family Welfare, Dr Ambumani Ramadoss told
‘TambakooKills’ team in Washington DC that Indian cinema portraying tobacco use
shall be given an “A” Certificate by Censor Board keeping them aloof of children
and youth.

Movies showing tobacco use will be given 'A' certificate on the condition that
the characters using tobacco on screen agree to do a disclosure stating tobacco
hazards clearly either before, middle or before the end of that movie. Health
warnings in the same language as that of the movie would start scrolling up 1
minute before the use of tobacco is depicted in movies and will end not before
another minute after the depiction of tobacco use stops in that movie.

One of the easiest ways to significantly bring down number of children and youth
who get initiated to tobacco use in India, without any budgetary allocation for
this public health exercise, is to remove depiction of tobacco use in films and
TV, rightly said our Union Minister for Health and Family Welfare, Government of
India, Dr Anbumani Ramadoss.

OMKARA CLEARLY HAS NO WARNINGS SCROLLING UP THE SCREEN WHEN LEAD STARS SMOKE.

Dr Ramadoss had further said that “One of the major influences on the uptake of
teen tobacco use is the glamourisation of tobacco use in movies and on
television. This has been well documented by comprehensive research studies in
India and US”.

Dartmouth Medical School, National Cancer Institute USA and American Legacy
Foundation report, titled "First Look Report, Trends in Top Box Office Movie
Tobacco use - 1996-2004", was released in Washington DC during 13th World
Conference on Tobacco or Health by Union Health Minister of India Dr Anbumani
Ramadoss. This report has an exhaustive content analysis of top 100 box office
movie hits each year for nine years duration (1996-2004). This report confirms
that smoking continues to be depicted in nearly three-quarters of movies. Two
studies conducted earlier by the Dartmouth Medical School found that one-third
to one-half of youth smoking initiation is explained by exposure to smoking in
movies.

Similar study done by World Health Organization and Indian Ministry of Health
and Family Welfare in 2003 revealed that 76% of Indian movies had tobacco use
shown in them. In 1991, where 22% of top box office movie hits had lead
characters using tobacco on-screen, in 2002, this escalated to 53% tobacco use
depiction by lead characters in Indian movies. This study also demonstrated that
52.2% of children in India who had their first smoke were influenced by tobacco
use depicted in movies.

A repeat follow-up study conducted by WHO and Ministry of Health and Family
Welfare in India on top box office movie hits during 2004-2005 demonstrated that
tobacco use depiction in movies has become more aggressive as compared to
previous years. During 2004-2005, 89% of all movies analyzed contained tobacco
use on screen and 75.5% movies depicted leading stars using tobacco on screen.
Moreover 41% of movies screened had clear and distinct tobacco brand placement.
Not surprising, that 33.7% of youth respondents could recall brand use in films
too.

Dr Anbumani Ramadoss says categorically that stopping depiction of tobacco use
in films is an evidence based public health measure, and that is what he has
been strongly advocating since May 31, 2005. India, says Dr Ramadoss, has the
world's largest film industry rolling out over 900 films per year. Through
cinema theatres, these movies reach 60 million people and through cable
television network, they further reach another 70 million people in India.
"Influence of cinema is paramount in India" says Dr Ramadoss.

"Curbing exposure to children and adolescents to tobacco in films/TV is the
single most effective public health intervention for any society in the world"
remarks Dr Ramadoss.



--- E V I D E N C E --------------------------------------
     ---------------

Saif Ali Khan smoking in Omkara:
http://www.omkarathefilm.com/images/g2.jpg

Official web site of Hindi film OMKARA: http://www.omkarathefilm.com/

--- V I O L A T I O N S ----------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5 of the
Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any trade mark
or brand name associated with any tobacco product in exchange of any
sponsorship, gift or prize.
* Affixing more than two boards, exceeding the size with one side 60 cms X 90
cms even inside a tobacco warehouse.
* The top area of 25% of each advertising board of the specified size shall
contain a waning which should read (i) Tobacco Causes Cancer, or (ii) Tobacco
Kills.
* The rules also state that such board cannot contain the brand name or picture
of the tobacco product
* Even oral promotion or advertising constitute an offense.

--- P E N A L  P R O V I S I O N S ------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the provisions of the
tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision of section 5
shall, on conviction, be punishable— (a) in the case of first conviction, with
imprisonment for a term which may extend to two years or with fine which may
extend to one thousand rupees or with both, and (b) in the case of second or
subsequent conviction with imprisonment for a term which may extend to five
years and with fine which may extend to five thousand rupees.

- M O N I T O R -------------------------------------------
-------------

MONITOR is a weekly feature of TambakooKills, reporting violations of the
rulings issued by Directorate of Health Services, Government of India, for The
Cigarette and other tobacco Products Act.
TambakooKills is the largest eGroup listed by YahooGroups Inc in healthcare
category in the world, and it's subscribers across India are participating in
this civil society reporting process.
Please SEND YOUR REPORTS to TambakooKiLLs@... ]
-----------------------------------------------------------

F C T C ... provisions:
-------

Nine salient features of First International Public Health and corporate
Accountability treaty FCTC (Framework Convention on Tobacco Control) are
available online at: http://uk.groups.yahoo.com/group/TambakooKills/message/36
-----------------------------------------------------------

R U L I N G
-----------
Complete text of the RULING issued by Directorate of Health Services is
available online at: http://uk.groups.yahoo.com/group/TambakooKills/message/12
-----------------------------------------------------------

MONiTOR: Beedi jalaye le... seductive music video in Omkara
Issue 26
--------

Beedi Jalaye Le, Jigar Se Piya,
Jigar Mein badi aag hai,
Dhuaan na nikali lab se piya
Duniya badi ghagh hai...
(song from Omkara film, video available online at:
http://www.youtube.com/watch?v=MieTYE8me_0 )
..................


NOT ONLY SAIF ALI KHAN and other actors HAVE BEEN SHOWN SMOKING
WITHOUT ANY SCROLL UP WARNINGS, "OMKARA" CINEMA RELEASED ON JULY 28,
2006 ALSO PICTURISES A SEDUCTIVE DANCE SEQUENCE WITH LYRICS "beedi
jalaye le". THE SENSUAL ACTRESS BIPASHA BASU SAYS in An interview
THAT VIEWERS SHOULD NOT SMOKE RATHER DANCE ON THIS MUSIC. WE DOUBT.
..................


IT IS ALSO IRONICAL THAT vishal bhardwaj - FILM DIRECTOR, MUSIC
DIRECTOR AND STORY WRITER of OMKARA, ALSO IS SIGNED UP TO PRODUCE
FIRST BOLLYWOOD CINEMA AGAINST SMOKING 'No Smoking'.
..................


Bipasha Basu: "I AM COMPLETELY ANTI-SMOKING AND I AM NOT SUPPORTING
SMOKING. SO PLEASE DANCE TO THE NUMBER BUT DON'T GO OUT TO SMOKE"
..................


EXCERPTS FROM THE INTERVIEW OF BIPASHA BASU - the film actress who
dance on this 'beedi' number in Omkara:

"What's your opinion on Beedi Jalayele that has taken the country by
storm?

Beedi Jalaile was a fantastic number from the day one. Vishal [Omkara
Director, music Director and Story writer] told me that he has
composed this song and I just loved it. It was a rocking number. I
was absolutely sold on it. But when I came to shoot in Wai, I just
got a little bit of a shock as there were men with stubble, looked
dirty. A bit scary for a girl as I had never done it before. But then
my assistants, my director assured me that all of them were actors
and there's nothing to be scared of. Vishal did a beautiful thing. he
started the song and asked all the characters to come forward and
dance. They danced in the most weird forms and then the whole
atmosphere became very light. It was not choreographed. It was
original raw flavour as to how a man in that rural flavour will dance
to that number. I am completely anti-smoking and I am not supporting
smoking. So please dance to the number but don't go out to smoke"

Interview of Bipasha Basu available Online at:
http://www.indiaglitz.com/channels/hindi/interview/6629.html
..................


EXCERPTS FROM THE INTERVIEW OF MALE STAR CAST VIVEK OBEROI, former
WHO AWardee on Tobacco Control 2003:

"My favourite song in this film is Beedi Jalaye Le" - Vivek Oberoi

Interview of Vivek Oberoi available online at:
http://in.rediff.com/movies/2006/jul/28omkara.htm
..................

--- E V I D E N C E --------------------------------------
     ---------------

Beedi Jalaye Le song video link from Omakara available online at:
http://www.youtube.com/watch?v=MieTYE8me_0

Interview of Bipasha Basu available online at:
http://www.indiaglitz.com/channels/hindi/interview/6629.html

Interview of Vivek Oberoi available online at:
http://in.rediff.com/movies/2006/jul/28omkara.htm


Official web site of Hindi film OMKARA: http://www.omkarathefilm.com/

Saif Ali Khan smoking in Omkara:
http://www.omkarathefilm.com/images/g2.jpg


--- V I O L A T I O N S ----------------------------------
     -------------------

VIOLATIONS: What all provisions constitute violation under Section 5
of the Tobacco control Act.

* Any direct or indirect promotion of any tobacco product(s) or any
trade mark or brand name associated with any tobacco product in
exchange of any sponsorship, gift or prize.
* Affixing more than two boards, exceeding the size with one side 60
cms X 90 cms even inside a tobacco warehouse.
* The top area of 25% of each advertising board of the specified size
shall contain a waning which should read (i) Tobacco Causes Cancer,
or (ii) Tobacco Kills.
* The rules also state that such board cannot contain the brand name
or picture of the tobacco product
* Even oral promotion or advertising constitute an offense.

--- P E N A L  P R O V I S I O N S ------------------------
     ------------------------------

PENAL PROVISIONS: What is the Punishment for violation of the
provisions of the tobacco control Act?

Section 22 of the Act reads that; Whoever contravenes the provision
of section 5 shall, on conviction, be punishable— (a) in the case of
first conviction, with imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or
with both, and (b) in the case of second or subsequent conviction
with imprisonment for a term which may extend to five years and with
fine which may extend to five thousand rupees.

- M O N I T O R -------------------------------------------
-------------

MONITOR is a weekly feature of TambakooKills, reporting violations of
the rulings issued by Directorate of Health Services, Government of
India, for The Cigarette and other tobacco Products Act.
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F C T C ... provisions:
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Nine salient features of First International Public Health and
corporate Accountability treaty FCTC (Framework Convention on Tobacco
Control) are available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/36
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R U L I N G
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Complete text of the RULING issued by Directorate of Health Services
is available online at:
http://uk.groups.yahoo.com/group/TambakooKills/message/12
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MONiTOR: Tobacco shown in movies influences youth to begin tobacco use
Bobby Ramakant
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Issue 29
.......

This lead article has been published in mainstream English newspapers
in: INDIA (The Statesman, Kashmir Times), BANGLADESH (The Daily
Star), PAKISTAN (The News International) and SRI LANKA (The Daily
Mirror)
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One of the easiest ways to significantly bring down number of
children and youth who get initiated to tobacco use in India, without
any budgetary allocation for this public health exercise, is to
remove depiction of tobacco use in films and TV, rightly said our
Union Minister for Health and Family Welfare, Government of India, Dr
Anbumani Ramadoss.

One of the major influences on the uptake of teen tobacco use is the
glamourisation of tobacco use in movies and on television. This has
been well documented by comprehensive research studies in India and
US.

Dartmouth Medical School, National Cancer Institute USA and American
Legacy Foundation report, titled "First Look Report, Trends in Top
Box Office Movie Tobacco use - 1996-2004", was released in Washington
DC during 13th World Conference on Tobacco or Health by Union Health
Minister of India Dr Anbumani Ramadoss. This report has an exhaustive
content analysis of top 100 box office movie hits each year for nine
years duration (1996-2004). This report confirms that smoking
continues to be depicted in nearly three-quarters of movies. Two
studies conducted earlier by the Dartmouth Medical School found that
one-third to one-half of youth smoking initiation is explained by
exposure to smoking in movies.

Similar study done by World Health Organization and Indian Ministry
of Health and Family Welfare in 2003 revealed that 76% of Indian
movies had tobacco use shown in them. In 1991, where 22% of top box
office movie hits had lead characters using tobacco on-screen, in
2002, this escalated to 53% tobacco use depiction by lead characters
in Indian movies. This study also demonstrated that 52.2% of children
in India who had their first smoke were influenced by tobacco use
depicted in movies.

A repeat follow-up study conducted by WHO and Ministry of Health and
Family Welfare in India on top box office movie hits during 2004-2005
demonstrated that tobacco use depiction in movies has become more
aggressive as compared to previous years. During 2004-2005, 89% of
all movies analyzed contained tobacco use on screen and 75.5% movies
depicted leading stars using tobacco on screen. Moreover 41% of
movies screened had clear and distinct tobacco brand placement. Not
surprising, that 33.7% of youth respondents could recall brand use in
films too.

Dr Anbumani Ramadoss says categorically that stopping depiction of
tobacco use in films is an evidence based public health measure, and
that is what he has been strongly advocating since May 31, 2005.
India, says Dr Ramadoss, has the world's largest film industry
rolling out over 900 films per year. Through cinema theatres, these
movies reach 60 million people and through cable television network,
they further reach another 70 million people in India. "Influence of
cinema is paramount in India" says Dr Ramadoss.

"Curbing exposure to children and adolescents to tobacco in films/TV
is the single most effective public health intervention for any
society in the world" remarks Dr Ramadoss.

Dr Stanton Glantz, Professor of Medicine, Centre for Tobacco Control
Research and Education at the University of California, San
Francisco, also runs a Smoke-free Movies project since past five
years now. He says "The only exception when tobacco use should be
depicted in films is when the presentation of tobacco clearly and
unambiguously reflects the dangers and consequences of tobacco use or
when it is necessary to represent accurately a historic figure".

Dr Glantz said that Reality Check launched a massive signature
campaign demanding ban on depiction of tobacco use in movies and TV
and sent over 306,000 letters to Motion Pictures Association of
America (MPAA). Reality Check received no response to these letters,
except one letter from Julia Roberts, threatening to sue them which
Reality Check later published in a newspaper as advertisement.

Dr Ramadoss said "film and tobacco industry are hands-in-glove
involved" and suggested big pay-offs too. Dr Ramadoss' proposal to
ban tobacco use in movies and TV was vehemently opposed by film
industry. Now they are considering rating movies and TV serials
depicting tobacco use as "A". Another concern raised by Dr Glantz is
that film industry in India is arguing that film censor board should
consider the "artistic value of tobacco use in a film" before giving
it "A" certificate. Tobacco kills more than 5 million in the world,
and close to 1 million deaths in India are attributed to tobacco use.
There is no question that depicting tobacco use in films and TV
influences children and youth to begin tobacco use. Banning tobacco
use in films and TV is the single most cost effective measure public
health agency can take, said Dr Ramadoss.

Dr Ramadoss said that 46.5% men and 13.8% women use tobacco in India.
Apart from over 1 million tobacco related deaths in India, 40% of
health related problems in India are due to tobacco consumption and
50% of cancer deaths, majority of cardio-vascular and lung disorders
are due to tobacco too. This is a huge avoidable burden of disease,
disability and death and India needs to prevent these needless deaths
and ought to do everything possible to bring down tobacco-related-
mortality said Dr Ramadoss.

Dr Ramadoss further explained that total economic cost of treating 3
major diseases due to tobacco use in India was Rs 30,833 crores in
2002-2003. In 2004-2005, total tobacco industry in India per year was
worth US$ 8 billion and yearly revenue loss due to tobacco related
diseases in India was US$ 8.5 billion, remarked Dr Ramadoss. He said
that there is no doubt now that tobacco control is also one of the
most neglected areas impeding health and development in India.
The Cigarette and Other Tobacco Products Act 2003 came into effect
since May 31, 2003. He said he is in the process of constituting a
National Regulatory Authority to work on enforcement of tobacco
control Act in India and liaise with other relevant ministries to
align their respective policies to facilitate enforcement of this
important public health legislation.

Explaining the amendments notified on May 31, 2005, Dr Ramadoss said
that there were difficulties in enforcement of Tobacco Control Act
faced by Ministry of Information and Broadcasting, and therefore they
had to exempt those movies and TV serials where tobacco use depiction
is done either to accurately refer to a historical figure (like
Churchill), or to demonstrate tobacco-related health hazards or if it
is a live coverage of an event. However he said that Ministry of
Health and Family Welfare has placed certain safeguards while
agreeing to the above amendments. He said Ministry of Health and
Family Welfare would nominate their representative to all regional
censor boards to monitor enforcement of ban on tobacco use depiction
in films and TV. Movies showing tobacco use will be given 'A'
certificate on the condition that the characters using tobacco on
screen agree to do a disclosure stating tobacco hazards clearly
either before, middle or before the end of that movie. Health
warnings in the same language as that of the movie would start
scrolling up 1 minute before the use of tobacco is depicted in movies
and will end not before another minute after the depiction of tobacco
use stops in that movie.

Exposure to tobacco use in movies is clearly linked to youth tobacco
use. Simply put, more must be done to ensure that tobacco use in
movies is removed from films seen by our nation's youth. We have
within our power one simple and effective way to jump start the
decline in youth tobacco use - delete tobacco use in films from the
list of influences that rob our youth of longer and healthier lives
by removing tobacco use from movies, unless they clearly depict the
negative health effects. Together we can ensure that movies continue
to entertain and inspire our children and youth, and at the same
time, save countless lives from tobacco addiction and premature
death.
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Bobby Ramakant
Email: bobbyramakant@...