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Ban on gutkka and cigarettes
Group 8
1. If Ban on gutka is justified then
why the same should not be
imposed on cigarettes

2. Novation and alteration in
terms of contract - Eg. DLF Blair
 Gutka is a preparation of crushed areca nut (also
called betel nut), tobacco, catechu, paraffin, slaked
lime and sweet or savoury flavourings.
 Manufactured and
  Exported
 A mild stimulant
 Sold across India
 Small, individual-sized
   packets that cost between
   2 and 10 rupees per packet.
 Consumed much like
  chewing tobacco
Gutkha use
                                     can begin at a
                                      very young
                                          age.


      Social custom does not                                          Due to its often
        permit children to                                         flavourful taste, easy
       smoke so eventually                                            availability and
      becomes another habit                                             cheapness
          tough to quit.




                                                      Exhibit
                        Symptoms of
                                                  precancerou
                        cancer appear
                                                  s lesions at a
                        by high school
                                                    very early
                          or college
                                                     age as a
                             age.
                                                      result.

In 2008, about 5 million children under 15 were addicted to gutkha. A survey in Uttar
Pradesh and Madhya Pradesh found precursors of mouth cancers in 16% of the children
Highly addictive and a known carcinogen.

   Lead to loss of appetite, promote
   unusual sleep patterns, and loss of
             concentration.

Prominently stained teeth ranging from
dirty yellowish-orange to reddish-black.

   Generally spat onto a wall or at the
 ground, causing an unsightly red stain
 that is quite resistant to the elements.

More than 2,500 people in our country
die every day due to diseases caused by
   tobacco and its related products.
Cancer to a person devastates his family
as all savings are spent on the treatment
              of the disease.
Several states of India have banned the sale, manufacture, distribution and
storage of gutka and all its variants.

Banned under centrally enacted Food Safety and Regulation (Prohibition) Act 2011.


Pseudo permanent ban.

Enforced by the state public health ministry, the state Food and Drug
Administration and the local police.

Enforcement of the law is somewhat lax.

Provisions of imposing fines up to 25000 on selling of products that are injurious
to health.
 The consumer base of tobacco in India stands at
34.6% of all adults (with cigarette share being 5.7%)
      while 75% of Indian tobacco consumers use
non‐smoking tobacco products such as gutkha and
paan masala.
 The gutkha market in India is worth
INR150bn ‐ INR 200bn. Sachets of several brands are
sold through paan shops thus easily accessible to
everyone.
Ban on gutkka and cigarettes
A Supreme Court
                           ruling states that
                                since pan
                         masala, gutkha and
Gutkha is proved to
                         supari are eaten for
contain carcinogens
                                taste and
                          nourishment, they
                          are all considered
                                  food.


  Rule 2.3.4 of the
  Food Safety and        Subsequently various
      Standards           states have banned
  (Prohibition and                the
Restrictions on Sales)     sale, manufacture
 Regulations, 2011.       and distribution of
   under centrally               gutkha
enacted FSR act 2011
Ban on gutkka and cigarettes
 India has the highest prevalence of oral cancer
globally, with 75,000 to 80,000 new cases being
reported every year.
 Nearly 80% of all oral cancer cases are due to the
consumption of tobacco products like gutkha, pan
masala, betel quid with tobacco, and khaini.
 India spends approximately INR300bn annually (in
both public and private health services) on treatment
of tobacco related illness, accounting for roughly one
fourth of all health spending.
 India is known as the world capital of oral cancer
If implemented nationwide via strict monitoring and
punitive actions against offenders.

Outcome of the ban:
 Increase in prices – Sachets, earlier available at
INR1, are now being sold at 5‐10x making it unviable
for the poor

 Availability has decreased significantly, restricting
access to vulnerable groups like women and children.
Manufacturers and sellers are resorting to newer tricks to sell
their products.
 In the North‐East, gutkha factories are found to operate out
of trucks
 In states like Maharashtra and Gujarat, raw materials of
gutkha are being sold in separate pouches to customers (one
pouch with supari mix and the other ‘zarda’ pouch containing
gutkha) since these do not qualify as food products containing
tobacco; the ban can thus be easily evaded.
 Also, as the ban is not effective pan India, gutkha from states
(where it is not banned) is being smuggled to states where it is
banned through private vehicles.
The ban can be effective in
 Though Maharashtra has
                               A ban in Kerala is proving to    practice only if the Union
 banned gutkha and paan
                                    be ineffective as          government puts a blanket
  masala, since it is easily
                                   neighbouring state           ban on production, sale,
     available in other
                                 (Karnataka) has not yet        marketing and storage of
states, gutkha finds its way
                                    enforced the ban             tobacco products, paan
 to the state rather freely.
                                                                   masala and gutkha.
Ban on gutkka and cigarettes
Ban on gutkka and cigarettes
Gutkha or Cigarette
   Invisible form of tobacco consumption
• Gutkha use may lead to throat cancer
• 80% of all oral cancer cases are due to the
  consumption of tobacco products like
  gutkha, pan masala, betel quid with
  tobacco, and khaini.
• Statistics show that 26% of adults above the age of 15 years consume
  oral tobacco as compared to 14% who smoke. Among women, 18%
  consume oral tobacco as compared to 2% who indulge in smoking.


                     State            % of Customers below 15 years of age
    Odisha                                            38
    Assam                                            36.6
    Chhattisgarh                                     32.5
    Jharkhand                                        24.1
    Bihar                                            22.5
    Uttar Pradesh                                    21.0
    Madhya Pradesh                                   18.9
    Uttarakhand                                       8.8
    Rajasthan                                         6.9
Against Gutkha


 Gutkha contains at least 28 known carcinogens and
at least 30 metallic compounds comprising of heavy
metals.
 Pycnogenol in cigarette filters scavenges free
radicals and reduces mutagenicity and toxicity of
tobacco smoke. This makes gutkha more harmful as
compared to cigarettes.
 Cigarette makers especially, the low end
manufacturers may benefit
 May not be huge as this is a visible form of
consumption and there is not much duplication in
consumer base
 1975 ‐ Cigarettes (regulation of production, supply
and distribution) Act came into force

 1990 ‐ Central government issued directive
prohibiting smoking in public places, banned tobacco
advertisements on national radio and TV channels
 1999 ‐ Ministry of Railways banned sale of cigarettes
and bidis

2001 ‐ Supreme Court of India mandated a ban on
smoking in public places.
History of Cigarette Control in India
 2008: Revised smoke‐free rules implemented that
defined public places and identified people
responsible for maintaining smoke‐free work places

 2009: Pictorial warnings (scorpion and damaged
lungs) were made mandatory for all cigarette
packaging
   It is not classified as a food item:
Why not Feasible
   Major Source of Revenue:
     Non‐cigarette tobacco products account for 85% of the tobacco
      consumption in India, but contribute only 15% as taxes on
      tobacco
Why not Feasible

   Less Harmful than Gutkha

   Not banned anywhere in the World
Suggested Action

   Increase net of Tobacco taxes:
     Bidis have a maximum tax of only 9%
     Taxes based on length
Suggested Action
 Studies of price elasticities in India find that a 10%
increase in tobacco prices is estimated to reduce bidi
consumption by 9.1% and cigarette consumption by
2.6%.
Suggested Action

 Simplify and Strengthen Taxation:
  38 different taxes making collection difficult
  Adjustment for inflation
Suggested Action

 Earmarking as a means of supporting additional
tobacco control efforts
     To support a comprehensive tobacco control effort and other
      social and public health programmes.
Suggested Action

   Plain Cigarette Packaging Law
     Impact the desirability of smoking to some extent
Suggested Action

   Introduce Ad Valorem tax
     Plan to introduce ad valorem component of 10 per cent to the
      existing specific rates

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Ban on gutkka and cigarettes

  • 3. 1. If Ban on gutka is justified then why the same should not be imposed on cigarettes 2. Novation and alteration in terms of contract - Eg. DLF Blair
  • 4.  Gutka is a preparation of crushed areca nut (also called betel nut), tobacco, catechu, paraffin, slaked lime and sweet or savoury flavourings.  Manufactured and Exported  A mild stimulant  Sold across India  Small, individual-sized packets that cost between 2 and 10 rupees per packet.  Consumed much like chewing tobacco
  • 5. Gutkha use can begin at a very young age. Social custom does not Due to its often permit children to flavourful taste, easy smoke so eventually availability and becomes another habit cheapness tough to quit. Exhibit Symptoms of precancerou cancer appear s lesions at a by high school very early or college age as a age. result. In 2008, about 5 million children under 15 were addicted to gutkha. A survey in Uttar Pradesh and Madhya Pradesh found precursors of mouth cancers in 16% of the children
  • 6. Highly addictive and a known carcinogen. Lead to loss of appetite, promote unusual sleep patterns, and loss of concentration. Prominently stained teeth ranging from dirty yellowish-orange to reddish-black. Generally spat onto a wall or at the ground, causing an unsightly red stain that is quite resistant to the elements. More than 2,500 people in our country die every day due to diseases caused by tobacco and its related products. Cancer to a person devastates his family as all savings are spent on the treatment of the disease.
  • 7. Several states of India have banned the sale, manufacture, distribution and storage of gutka and all its variants. Banned under centrally enacted Food Safety and Regulation (Prohibition) Act 2011. Pseudo permanent ban. Enforced by the state public health ministry, the state Food and Drug Administration and the local police. Enforcement of the law is somewhat lax. Provisions of imposing fines up to 25000 on selling of products that are injurious to health.
  • 8.  The consumer base of tobacco in India stands at 34.6% of all adults (with cigarette share being 5.7%) while 75% of Indian tobacco consumers use non‐smoking tobacco products such as gutkha and paan masala.  The gutkha market in India is worth INR150bn ‐ INR 200bn. Sachets of several brands are sold through paan shops thus easily accessible to everyone.
  • 10. A Supreme Court ruling states that since pan masala, gutkha and Gutkha is proved to supari are eaten for contain carcinogens taste and nourishment, they are all considered food. Rule 2.3.4 of the Food Safety and Subsequently various Standards states have banned (Prohibition and the Restrictions on Sales) sale, manufacture Regulations, 2011. and distribution of under centrally gutkha enacted FSR act 2011
  • 12.  India has the highest prevalence of oral cancer globally, with 75,000 to 80,000 new cases being reported every year.  Nearly 80% of all oral cancer cases are due to the consumption of tobacco products like gutkha, pan masala, betel quid with tobacco, and khaini.  India spends approximately INR300bn annually (in both public and private health services) on treatment of tobacco related illness, accounting for roughly one fourth of all health spending.  India is known as the world capital of oral cancer
  • 13. If implemented nationwide via strict monitoring and punitive actions against offenders. Outcome of the ban:  Increase in prices – Sachets, earlier available at INR1, are now being sold at 5‐10x making it unviable for the poor  Availability has decreased significantly, restricting access to vulnerable groups like women and children.
  • 14. Manufacturers and sellers are resorting to newer tricks to sell their products.  In the North‐East, gutkha factories are found to operate out of trucks  In states like Maharashtra and Gujarat, raw materials of gutkha are being sold in separate pouches to customers (one pouch with supari mix and the other ‘zarda’ pouch containing gutkha) since these do not qualify as food products containing tobacco; the ban can thus be easily evaded.  Also, as the ban is not effective pan India, gutkha from states (where it is not banned) is being smuggled to states where it is banned through private vehicles.
  • 15. The ban can be effective in Though Maharashtra has A ban in Kerala is proving to practice only if the Union banned gutkha and paan be ineffective as government puts a blanket masala, since it is easily neighbouring state ban on production, sale, available in other (Karnataka) has not yet marketing and storage of states, gutkha finds its way enforced the ban tobacco products, paan to the state rather freely. masala and gutkha.
  • 19. Invisible form of tobacco consumption
  • 20. • Gutkha use may lead to throat cancer • 80% of all oral cancer cases are due to the consumption of tobacco products like gutkha, pan masala, betel quid with tobacco, and khaini.
  • 21. • Statistics show that 26% of adults above the age of 15 years consume oral tobacco as compared to 14% who smoke. Among women, 18% consume oral tobacco as compared to 2% who indulge in smoking. State % of Customers below 15 years of age Odisha 38 Assam 36.6 Chhattisgarh 32.5 Jharkhand 24.1 Bihar 22.5 Uttar Pradesh 21.0 Madhya Pradesh 18.9 Uttarakhand 8.8 Rajasthan 6.9
  • 22. Against Gutkha  Gutkha contains at least 28 known carcinogens and at least 30 metallic compounds comprising of heavy metals.  Pycnogenol in cigarette filters scavenges free radicals and reduces mutagenicity and toxicity of tobacco smoke. This makes gutkha more harmful as compared to cigarettes.
  • 23.  Cigarette makers especially, the low end manufacturers may benefit  May not be huge as this is a visible form of consumption and there is not much duplication in consumer base
  • 24.  1975 ‐ Cigarettes (regulation of production, supply and distribution) Act came into force  1990 ‐ Central government issued directive prohibiting smoking in public places, banned tobacco advertisements on national radio and TV channels
  • 25.  1999 ‐ Ministry of Railways banned sale of cigarettes and bidis 2001 ‐ Supreme Court of India mandated a ban on smoking in public places.
  • 26. History of Cigarette Control in India  2008: Revised smoke‐free rules implemented that defined public places and identified people responsible for maintaining smoke‐free work places  2009: Pictorial warnings (scorpion and damaged lungs) were made mandatory for all cigarette packaging
  • 27. It is not classified as a food item:
  • 28. Why not Feasible  Major Source of Revenue:  Non‐cigarette tobacco products account for 85% of the tobacco consumption in India, but contribute only 15% as taxes on tobacco
  • 29. Why not Feasible  Less Harmful than Gutkha  Not banned anywhere in the World
  • 30. Suggested Action  Increase net of Tobacco taxes:  Bidis have a maximum tax of only 9%  Taxes based on length
  • 31. Suggested Action  Studies of price elasticities in India find that a 10% increase in tobacco prices is estimated to reduce bidi consumption by 9.1% and cigarette consumption by 2.6%.
  • 32. Suggested Action  Simplify and Strengthen Taxation:  38 different taxes making collection difficult  Adjustment for inflation
  • 33. Suggested Action  Earmarking as a means of supporting additional tobacco control efforts  To support a comprehensive tobacco control effort and other social and public health programmes.
  • 34. Suggested Action  Plain Cigarette Packaging Law  Impact the desirability of smoking to some extent
  • 35. Suggested Action  Introduce Ad Valorem tax  Plan to introduce ad valorem component of 10 per cent to the existing specific rates

Editor's Notes

  1. India spends around 300 billion annually.