.... the brain is not a vessel to be filled,
It is something to be IGNITED

Another Effort by Burning Brain

 Acting on a Public Interest Petition moved by Burning Brain Society (BBS), the bench of Hon'ble Justice Viney Kumar Mittal and Hon'ble Justice H. S. Bedi of Punjab and Haryana High court issued notice of motion to the Union of India, States of Punjab, Haryana, U.T. Chandigarh and Godfrey Phillips India Limited for May 23, 2005. Burning Brain Society had moved the writ petition against the promotion of trade mark and brand name of tobacco product “Red and White” under the guise of giving prizes to people.

The petition quotes Section 5 (3)-b. of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003 which reads, “No person, shall, under a contract or otherwise promote or agree to promote the use or consumption of— (a) Cigarettes or any other tobacco product; or (b) Any trade mark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship, gift, prize or scholarship given or agreed to be given by another person.”

Mr. Hemant Goswami, Chairperson of BBS who appeared in person before the court said that under the Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 and under “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003,” it is compulsory to carry a warning statement on all promotion materials under the statutory law so as to make the buyer aware of the dangers and consequences of tobacco. When tobacco companies promote their brand name/trade mark through surrogate means, they are able to circumvent this provision and thereby highlight only the glamour and pleasures associated with the trade mark/brand name and dishonestly conceal the dangers of the associated tobacco product. These surrogate advertisements are able to create brand/ trade mark awareness, create a positive pleasant and glamorous image of the product name/trade mark/brand name and this strategy of tobacco companies is known to influences and promotes the use of the associated tobacco product. Promoting a tobacco brand name by circumventing the provisions relating to the statutory warning amounts to a clear legal offence under the law besides being morally incorrect.

The Governor of Punjab, General (Retd.) S. F. Roudrigues who was also mentioned as a respondent was withdrawn from the list by BBS quoting Article 361 of the Constitution of India, which provides the Governor protection from any prosecution. Mr. Hemant Goswami said that we shall be approaching the office of the President for relief with respect to the Governor and also for framing stricter guidelines for the people enjoying high constitutional positions.
 

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