Where ‘at least 50 per cent’ is 75 per cent

Nepal’s Supreme Court has dismissed a petition by tobacco companies and directed the government strictly to implement the anti-tobacco provisions of the Tobacco Product Control and Regulatory Act, according to a story by Ananta Rajluitel for The Himalayan Times.

Section 9 of the Act requires the Ministry of Health and Population (MoHP) to ensure that at least 50 per cent of a tobacco pack’s surface be given over to warnings about the dangers of tobacco use.

The tobacco companies petitioned the court to challenge the MoHP’s mandatory provision that 75 per cent of the surface area be given over to such messages.

But the bench said that since the Act clearly stated that more than 50 per cent of the pack’s surface had to be devoted to health warnings, the MoHP was within its rights to require that 75 per cent be devoted to such messages, keeping in mind the health and welfare of the public.

The bench said the demands of the petitioner companies were against the public health and larger public interest and need not be considered.