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April 26, 2005: While the Government keeps on signing treaties and making law against tobacco; its own officials also keep on promoting and patronising tobacco products and companies for unknown considerations. It is alleged, by people who know the inside affairs, that everyone who gets a cut is ready to turn a nelson eye to all this. Continuing our commitment, we at Burning Brain Society move the concerned people for effective enforcement and for plugging the loop holes. Our efforts wouldn't stop. An official communication is sent to Dr. Anbumani Ramadoss, the Minister of Health; Mr. S. Jaipal Reddy, Minister of Information & Broadcasting, Controller-General of Patents, Designs and Trade Marks and Ms. Sharmila Tagore, Chief of the Censor Board for taking corrective actions. We share the communication with you and shall also be sharing the replies and the actions taken by these responsible people.
April 26, 2005 Dr. Anbumani Ramadoss, Open violation of Tobacco Laws and International commitments by the Government Broadcasters Sir, This refers to the enactment of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 [COTPA]” and the rules made thereafter. It is very heartbreaking to see that despite the Parliament enacting the law and despite India’s ratification of the “Framework Convention on Tobacco Control [FCTC],” various agencies and units of the Government prefer not to enforce the provisions of the law and rather help the tobacco companies, perhaps for a consideration. It is a well-known fact that in India itself 80 to 100 lakh people die every year as a result of tobacco use. We recollect that you have also admitted and reiterated this on many occasions. In your various communications you have also emphasized on the need to prevent the spread of the tobacco menace. But despite this, nothing much has come about and various arms of the Government are working diametrically opposite to this rhetoric. Door Darshan which is the state owned television agency is also working against the policies of the Government in this regard. Door Darshan is openly showing surrogate advertisements with resulting in promotion of tobacco brands. Sometime back DD was transmitting the “Gold Flake Expressions Greetings” advertisement for promoting “Gold Flake” brand. Thankfully after the discontinuation of the said product the advertisement has stopped. Now Door Darshan is showing “Red & White” advertisements under the guise of bravery prizes advertisement. To point out, Section 5 of COTPA intends to curb any form of promotion of any brand/trade name of a tobacco product. FCTC also directs the members to curb any promotion of tobacco product brand names by any means. To bring a point home; there is no stringent law against alcoholic drinks surrogate advertisement as on date but yes now we do have a strong law against surrogate advertisement of tobacco products. Shouldn’t it make a difference? Motivated by Door Darshan and finding an example in Door Darshan’s act now almost all the private channels are also doing the same and are actively engaged in surrogate advertisement of tobacco products. “Red & White bravery prizes” are a direct violation and have the potential of influencing countless youngsters. The undersigned fails to understand why the State allows such surrogate advertisement to go on despite there being an internationally binding commitment and a strong National Act with punitive provisions? Another advertisement which are appearing in Door Darshan are the “Wills Lifestyle (means: Cigarettes)” and “Manikchand (Means: Gutka)” advertisements. Are people in the Door Darshan and the Ministry so dumb that they even fail to see the intention behind such advertisement which even 10 years olds can comprehend? I have been told that ITC Limited even got a letter from the Ministry which says that “Wills Lifestyle” advertisement (and some other similar tobacco surrogate products) is not a surrogate form of advertisement despite a clear cut fact that “Wills” is nothing but a tobacco brand. Surprising, in a country where routine noting are not issued on even worthy matters, someone is issuing letters and clarifications to tobacco companies for which there are no provisions at all. Is someone making a fortune out of it? Knowing the state of affairs in the country the contention appears to be worth investigation. Another matter which requires your immediate attention is the use of tobacco products in “Movies.” Two of the recently released movies, “Swadesh” and “Musafir” clearly highlighted tobacco product brand. Both the movies show the packs of “Marlboro” cigarettes and thereby the brand many times. They also show the brand being consumed by Shah Rukh Khan in “Swadesh” and Sanjay Dutt in “Musafir.” I am sure there must be other movies too which are doing so. It has been told to us that the going rate for putting in a covert tobacco advertisement like the one mentioned above is anything between Rs. two to ten crores, depending on the cast, visibility and the budget of the movie. These attempts to highlight and promote tobacco through movies also need to be checked. The movies are the vehicle having the potential to change the behavior of today’s youth. If these kind of activities are allowed unchecked than all the good work done and the scarce resource spent on them is a clear cut waste and is reduced to a level of farce. We propose that any movie which shows an actor smoking or using a tobacco product (if it must be and in any case only till the time we incorporate a provision in the existing law to stop it) must be given “A” certificate and any such movie should at no time be shown on any of the satellite channels. Please consider this. If we are serious in our endeavor to ultimately root out tobacco from our society then we must be always vigilant and put all our rhetoric to action. No trade mark or brand name used on a tobacco product or similar to it must be allowed. The provisions of Section 11 of the “Trade and Merchandise Marks Act, 1958” and now the “Trade Marks Act, 1999” can be enforced. The Government can ask the Registrar of Trade Marks to refuse registration (and deregister the existing) of any other product bearing the same name as that of a tobacco and/or alcoholic drinks trade mark/name. Other than this; if the Government of India or the Ministry feels that the enforcement agencies are unable to perform their role well then there is an option of empowering members of responsible NGO’s and other socially responsible people under section 25 of COTPA. Please consider this too. It will add strength to the movement. We shall be sharing this mail with lakhs of people who visit our and other “Tobacco” related websites and are worldwide members of the “Tobacco Free Initiative.” Your reply and more importantly your action shall be keenly watched and awaited. Thanking you in anticipation of a positive action, Hemant Goswami
April 26, 2005 Mr. S. Jaipal Reddy, Association and Involvement of Door Darshan officials with tobacco companies; against the law & the National policies Sir, With deep compunctions we wish to point out that Door Darshan is working against the policies of the Government of India, the legal provisions of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 [COTPA]” and the binding international commitment of our country as endorsed by ratification of the “Framework Convention on Tobacco Control [FCTC].” And this all despite the fact that Door Darshan is being headed and controlled by an intellectual like you. We believe that you are a sensitive person and wish to give the youth of today a positive direction but quite pitifully the members of your Ministry are bent upon to prove otherwise. It is a well-known fact that in India itself 80 to 100 lakh people die every year as a result of tobacco use. The law enacted by the parliament, COTPA, and the international treaty, FCTC, ratified by India is an effort in the direction of controlling this menace and checking the unethical and dangerous tactics of the tobacco companies. To bring to your notice again, Section 5 of COTPA intends to curb any promotion of any tobacco product and also restrains any form of promotion of even the brand and/or trade name of a tobacco product. Same sentiment is echoed by FCTC which also directs the member countries to curb any promotion of tobacco product brand names by any means. Unfortunately Door Darshan is showing “Red & White” advertisements under the guise of some bravery prizes. This is clear cut case of promotion of a tobacco product logo. Everyone knows that “Red & White” is nothing but a trade/brand name of a tobacco product. It is a direct violation of the law and has the potential of influencing countless youngsters. We fail to understand why the State or Doordarshan should allow such surrogate advertisement despite there being an internationally binding commitment and a strong national Act with punitive provisions? Similarly Door Darshan is also showing the “Wills Lifestyle (means: Cigarettes)” and “Manikchand (Means: Gutka)” advertisements. Are people in the Door Darshan and the Ministry so dumb that they even fail to see the intention behind such advertisement which even 10 years olds can comprehend? I have been told that ITC Limited even got a letter from the Ministry which says that “Wills Lifestyle” (and earlier “Gold Flake Expression Greeting cards”) is not a surrogate form of advertisement despite a clear cut fact that “Wills” is nothing but a tobacco brand. Surprising, in a country where routine noting are not issued on even worthy matters, someone is issuing letters and clarifications to tobacco companies for which there are no provisions at all. Is someone making a fortune out of it? Knowing the state of affairs in the country the contention appears to be plausible and worth investigation. Another matter which requires your immediate attention is the use of tobacco products in “Movies.” These attempts to highlight and promote tobacco through movies also need to be checked. The movies are the vehicle having the potential to change the behavior of today’s youth. We propose that any movie which shows an actor smoking or using a tobacco product should not be shown on any of the satellite channels including DoorDarshan. We request you to check these aberrations in Door Darshan. The National media should be a model for the others but if DoorDarshan itself indulge in such unfair practices, then controlling others is going to be a real uphill task. We have seen Door Darshan blotting/censoring certain words which the committee finds offensive or deleterious to the minds of the youngsters or for family viewing. We appreciate the high standards Door Darshan is trying to maintain but remember that no one will die by hearing a few uncensored words but many youngsters and people will definitely die (Estimated 200 lakhs in 2020) if they take to tobacco as a result of indirect/direct promotion and highlighting of tobacco products and brand/trade name by Door Darshan. The onus of these deaths would be on you. Are you willing to take the responsibility of these deaths? Since last year we have started giving “Red and Black” shame awards to highlight the hypocrisy of the responsible people and the glaring acts of omission. We found this to be the only way to wake the insensitive officials and people. But after giving the shame awards last year we hoped and wished that we may not be required to announce such shame awards for the next year. Quite regrettably many agencies are still engaged in such acts which make them perfect and eligible recipient of the shame awards. Though Door Darshan and many concerned officials fit the bill perfectly but we sincerely believe that for Door Darshan there is still time to make amends and join the struggle of a “Tobacco Free India,” displayed by real deeds and actions. We hope that you will put in your best efforts to stop these kinds of activities in Door Darshan and the Ministry of Broadcasting in the interest of the younger generation and the nation at large. We shall be sharing this mail with lakhs of people who visit our and other “Tobacco” related websites and are worldwide members of the “Tobacco Free Initiative.” Your reply and more importantly your action shall be keenly watched and awaited. Thanking you in anticipation of a positive action, Hemant Goswami
April 26, 2005 Ms. Sharmila Tagore, Censoring Movies for tobacco advertisements Madam, We would like to bring to your notice the paradoxical situation with regard to the role of the censor board and the policies of the Government of India, the legal provisions of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 [COTPA]” and the binding international commitment of our country through the “Framework Convention on Tobacco Control [FCTC].” To bring to your notice; Section 5 of COTPA intends to curb any promotion of any tobacco product and also restrains any form of promotion of even the brand name of a tobacco product. Same sentiment is echoed by FCTC which also directs the members to curb any promotion of tobacco product brand names by any means. It is a well-known fact that in India itself 80 to 100 lakh people die every year as a result of tobacco use. The law enacted by the parliament, COTPA, and the international treaty, FCTC, ratified by India is an effort in the direction of controlling this menace and checking the unethical and dangerous tactics of the tobacco companies. Unfortunately many movies censored and passed through your office are containing covert advertisement of tobacco products. Two of the recently released movies, “Swadesh” and “Musafir” clearly highlighted tobacco product brand. Both the movies show the packs of “Marlboro” cigarettes and thereby the brand many times. They also show the brand being consumed by Shah Rukh Khan in Swadesh and Sanjay Dutt in Musafir. I am sure there must be other movies too which are doing so. It has been told to us that the going rate for putting in a covert tobacco advertisement like the one mentioned above is anything between Rs. two to ten crores, depending on the cast, visibility and the budget of the movie. These attempts to highlight and promote tobacco through movies need to be checked. The movies are the vehicle having the potential to change the behavior of today’s youth. Not only is all such promotion illegal but also will result in irreparable damage to the society as a whole. There is no such emotion which requires the aid of a cigarette stick or any other tobacco product for its expression. Our study of the Natya Shastra also shows that the use of such articles has never been approved by our Shastra’s too. And above all, in the present scenario the intention of the producer/director/actor in league with the tobacco companies is absolutely dishonest; that is to promote the tobacco brand/trade name. We request you not to allow any movie to be passed for public display which highlights any tobacco product’s brand/trade name or shows the actors consuming tobacco products and/or any other form of intoxicants. Any such movie if under any circumstances is passed then it must be given an “A” certificate and with clear instructions that the movie should at no time be shown on any of the satellite channels. We hope that you will consider this in the light of the fact that by 2020 over 200 lakh people are expected to die of tobacco use. Presently over 8 to 10 millions are dying every year in India and most unfortunately they are substituted by double in number by young people in the age group of 10 to 22 as the new tobacco consumers. Any leniency or patronage from your end will put the onus of these 20 million deaths on you too. Are you ready to share the responsibility of these deaths? We shall be sharing this mail with lakhs of people who visit our and other similar website and are worldwide members of the “Tobacco Free Initiative.” Your reply and more importantly your action shall be keenly watched and awaited. Thanking
you in anticipation of a positive action, Hemant
Goswami
April 26, 2005
Controller-General of Patents, Designs and Trade Marks, REGISTRATION OF TRADE MARKS INCONSISTENT WITH LAW AND AGAINST THE PUBLIC INTEREST Sir, We would like to bring to your notice the paradoxical situation with regard to the registration of certain trade marks by the Controller-General of Patents, Designs and Trade Marks which are against the law and the policies of the Government of India. The legal provisions of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 [COTPA]” and the binding international commitment of our country through the “Framework Convention on Tobacco Control [FCTC],” which India has ratified, provides for prohibition of any kind of advertisement of any tobacco product and/or its brand/trade name for any kind of surrogate/proxy advertisement. To bring to your notice; Section 5 of COTPA intends to curb any promotion of any tobacco product and also restrains any form of promotion of even the brand name of a tobacco product. Same sentiment is echoed by FCTC which also directs the members to curb any promotion of tobacco product brand names by any means. It is a well-known fact that in India itself 80 to 100 lakh people die every year as a result of tobacco use. The law enacted by the parliament, COTPA, and the international treaty, FCTC, ratified by India is an effort in the direction of controlling this menace and checking the unethical and dangerous tactics of the tobacco companies. Unfortunately many tobacco companies (and Alcoholic beverages companies too; advertisement of which are prohibited under the Cable Television Network (Regulation) Act, 1995) are trying to overcome this provision by booking another similar/same named product under a separate category and then advertise it across different mediums. This is absolutely against the law, the interest of the nation and the unsuspecting innocent public at large. Needless to mention that the damage done by such unscrupulous ways and means of the tobacco and liquor companies shall be borne by today’s youngsters. Not only is all such promotion circumventing the law illegal but will also result in irreparable damage to the society as a whole. We request you to put a stop to these activities by refusing to register any trade name/mark once registered with regard to a tobacco/liquor product. We believe that Section 11 and the other provisions of the Trade marks Act gives enough powers to you to refuse registration of any such trade mark/name. We also request you to kindly deregister all such trademarks which carry a similar or the same name/mark as carried by any tobacco or alcoholic beverage product. Again the provisions of the Trade Marks Act and specifically Section 50 of the said Act sufficiently empower you to do so. Please take this as our objection and appeal in the largest public interest. Since this communication do not pertain to one isolated trade name/mark but a whole strategy of tobacco and liquor companies so we expect your good self to take notice of this and take action on your own in consistence with the law of the land and the interest of the public. We hope that you will consider this in the light of the fact that by 2020 over 200 lakh people are expected to die of tobacco use. Presently over 8 to 10 millions are dying every year in India and most unfortunately they are substituted by double in number by young people (Influenced by the glamorization created by the advertisements) in the age group of 10 to 22 as the new tobacco consumers. Any leniency or patronage from your end will put the onus of these 20 million deaths on you too. Are you ready to share the responsibility of these deaths? We shall be sharing this mail with lakhs of people who visit our and other similar website and are worldwide members of the “Tobacco Free Initiative.” Your reply and more importantly your action shall be keenly watched and awaited. Thanking
you in anticipation of a positive action, Hemant
Goswami |
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