Tobacco advertisement: Philip Morris challenges SRO
Company argues health regulation a provincial matter and not a federal one.
Tobacco manufacturers are not allowed to advertise their products on conventional channels, such as press and TV, according to an industry official. PHOTO: FILE
KARACHI:
Philip Morris Pakistan Limited (PMPL) has challenged the federal government’s recent statutory regulatory order (SRO) regarding a complete ban on tobacco advertisement in the Sindh High Court (SHC), the company said in a press release on Friday.
The SRO 1086 (1) 2013, which was recently issued by the Federal Ministry of Health Services, Regulation and Coordination, prohibits advertisements of tobacco products – currently allowed albeit limitations – in their entirety, according to the company.
Tobacco manufacturers are not allowed to advertise their products on conventional channels, such as press and TV, according to an industry official.
However, the industry is permitted to advertise cigarette brands on the fascia of tobacco shops so long as it does not exceed its (current) legal limit of one square metre, the official added. “This also would be banned once the SRO under question becomes effective on May 31.”
“Philip Morris (Pakistan) Ltd. seeks to challenge the legality of the federal government’s SRO 1086 (1) 2013 because the authority to regulate health matters lies with the provinces, not the federal government,” the company said in an official statement.
The legality of it
Raising legal questions in its petition, the country’s second largest tobacco manufacturer said, “Since the 18th Amendment passed by the parliament in the year 2010 had devolved health as a subject to the provinces, the company believes that the courts should interpret the relevant constitutional provisions and declare whether the federal government can continue to issue regulations on health.”
However, the official said a section of press misquoted the company’s stance regarding the subject. The company challenged the SRO only against the banning of tobacco advertisement in its entirety, the official said.
The company supports all other regulatory measures or restrictions already in place on tobacco advertisement, the statement said.
“The company will not seek any reverse in regulations on tobacco advertisement and will keep supporting reasonable advertising regulations.”
Published in The Express Tribune, May 24th, 2014.
Philip Morris Pakistan Limited (PMPL) has challenged the federal government’s recent statutory regulatory order (SRO) regarding a complete ban on tobacco advertisement in the Sindh High Court (SHC), the company said in a press release on Friday.
The SRO 1086 (1) 2013, which was recently issued by the Federal Ministry of Health Services, Regulation and Coordination, prohibits advertisements of tobacco products – currently allowed albeit limitations – in their entirety, according to the company.
Tobacco manufacturers are not allowed to advertise their products on conventional channels, such as press and TV, according to an industry official.
However, the industry is permitted to advertise cigarette brands on the fascia of tobacco shops so long as it does not exceed its (current) legal limit of one square metre, the official added. “This also would be banned once the SRO under question becomes effective on May 31.”
“Philip Morris (Pakistan) Ltd. seeks to challenge the legality of the federal government’s SRO 1086 (1) 2013 because the authority to regulate health matters lies with the provinces, not the federal government,” the company said in an official statement.
The legality of it
Raising legal questions in its petition, the country’s second largest tobacco manufacturer said, “Since the 18th Amendment passed by the parliament in the year 2010 had devolved health as a subject to the provinces, the company believes that the courts should interpret the relevant constitutional provisions and declare whether the federal government can continue to issue regulations on health.”
However, the official said a section of press misquoted the company’s stance regarding the subject. The company challenged the SRO only against the banning of tobacco advertisement in its entirety, the official said.
The company supports all other regulatory measures or restrictions already in place on tobacco advertisement, the statement said.
“The company will not seek any reverse in regulations on tobacco advertisement and will keep supporting reasonable advertising regulations.”
Published in The Express Tribune, May 24th, 2014.