Health warnings on cigarette packs: IHC moved for seeking judicial intervention

A petition has been filed jointly by the Society for Alternative Media & Research (SAMAR) and TheNetwork for Consumer Protection in the Islamabad High Court (IHC) seeking judicial intervention to get pictorial health warnings on cigarette pack raised to 85pc without any further delay. The decision was announced by Federal Minister for National Health Services Saira Afzal Tarar in February this year.
Addressing a press conference here on Wednesday at National Press Club, Nadeem Iqbal, Executive Co-ordinator of TheNetwork and Khurram Hashmi, National Co-ordinator for SAMAR said that a petition has been filed jointly by the Society for Alternative Media & Research (SAMAR) and TheNetwork for Consumer Protection in the Islamabad High Court (IHC).
Dr Maria Quershi, a health expert, explained the serious implications of the tobacco use on health care of mothers and young girls. She also shared report of World Health Organisation (WHO) on smoking, which was an eye opener for everyone. While admitting the petition IHC has issued notices and directed the Ministry of National Health Services, Regulation and Co-ordination (NHSRC), Ministry of Finance and the FBR to submit their reply within ten days that falls in the third week of August.
Reacting to the media reports that under pressure from tobacco industry, NHSRC's may be having impediments in implementing the decision, the petitioners have prayed for the immediate implementation of the SRO issued on January 29, 2015. The SRO that raised the size of PHW to 85 percent was issued under the Cigarette (printing of warning) Ordinance 1979. The January SRO was to come into effect on March 30, 2015 with another grace period of 60 days to the tobacco industry to comply with. Evidence shows that under pressure from tobacco industry another grace period was given to the industry that was to expire on July 31.
This deadline has also passed without any change on cigarette packs. Under law, cigarette stocks can be removed from the markets where non-compliance has been witnessed, Nadeem Iqbal said. It is duty of the Health Ministry to enforce the law in the markets.
On Wednesday, while briefing the media persons about the latest turn of events and the prevailing uncertainty over the pictorial health warnings, Khurram Hashmi, National Co-ordinator for SAMAR said it seemed the government was under immense pressure by tobacco industry that is why it keeps pending the decision.
Khurram Hashmi said enhancing the size of pictorial health warning was a landmark decision in tobacco control. "If the government retreats from its commitment to public health and withdraws pictorial health warnings, it will be a major setback and millions of people of Pakistan will be left at the mercy of cigarette industry," he further said.
Tobacco control advocates throughout Pakistan such as the Coalition for Tobacco Control (CTC) and The Network for Consumer Protection have remained quite vocal about enhancing the size and have demanded its immediate implementation.
Through this petition we extend our support to the health ministry so that it might take steps for larger interests of people without compromising their health, said Khurram adding, already the health cost associated with tobacco use is much larger than revenue generated by tax on tobacco industry.
Nadeem Iqbal, Executive Co-ordinator of TheNetwork, regretted the Ministry of National Health Regulation Services & Co-ordination (NHSRC) seems to be surrendering before the Finance Ministry, Commerce Ministry and the FBR and withdrawing a landmark decision in tobacco control.
According to Nadeem, NHSRC has a leading role in tobacco control while the role of all other ministries, departments and divisions-finance and commerce ministries, FBR-is that of supporter to the NHSRC ministry in its tobacco control endeavours. Since legislation for protection of new pictorial health warnings is the sole prerogative of the Ministry of National Health Services, other ministries or departments cannot in anyway build pressure on it to withdraw an important decision in tobacco control, he said.
Nadeem said it is scientifically proven that Pictorial Health Warnings play a vital role in reducing use of tobacco by highlighting health hazards. The bigger the warning, the more effective is the message on cigarette packs due to its visibility and broader outreach including to the illiterate and youth.
Internationally recognised Government of Pakistan's survey like Global Youth Tobacco Survey (GYTS) (2013-15) covering youth between age of 13-15 years also indicates a rising tobacco trend in Pakistan, he said. According to GYTS, 13.7 pc youths in Pakistan have smoked cigarettes. Of that huge number, 57.9pc want to quit smoking and 63.2pc believe they would be able to quit smoking with the help of their willpower. In order to help those who want to quit, he said pictorial health warnings are the most effective tool to warn youth about devastating effects of cigarette. The GYTS further reveals that 32.6pc of young smokers noticed the advertisements while buying cigarette packs/cigarettes.
Nadeem Iqbal also referred to a notification of the NHSRC that was issued on March 14, 2015 that says on the directive of the finance division a committee was formed under health minister comprising Secretary NHSRC, Cabinet Secretary, Additional Secretary PM office and Member Inland Revenue, FBR. The committee was tasked to review the impact of PHW on public health, the revenue and smuggling by consulting different stakeholders. TheNetwork contended that the formation of this committee is not in sync with the tobacco control. In addition the committee never consulted civil society or health organisations.
He also referred to growing awareness on pictorial health warnings in neighbouring country India where Rajasthan High Court has recently issued an order staying the central government's notification putting the pack warning implementation in abeyance which technically makes the 85pc notification effective immediately. Sri Lanka, too, has adopted new enhanced size of pictorial health warnings (80pc) since June 2015, he said.
He said the recent developments have made it crystal clear that the decision to delay implantation of pictorial health warning and to reduce its size has been taken under the influence of the tobacco industry. "Unfortunately, tobacco control advocates who have always stood by the NHSRC ministry against the industry's tactic were kept in the dark and none of their representative was consulted before taking the decision," he said. He vowed the civil society would keep raising its voice against any move by the government which prefers tobacco industry's interests to public health.