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These are not recent suggestions. All aspects of the proposals, including their legal implications,[link widoczny dla zalogowanych], have been the subject of global research and consideration for well over a decade. The government’s decision to adopt the proposals is the culmination of a detailed and thorough national and international process. There are two main legal arguments put by the tobacco industry about the legality of the proposals.
Neither withstands any meaningful scrutiny. The first is that the proposals would involve an acquisition of property by the government,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych], and that under our constitution the government can do that only on ”just terms”. The industry claims that mandating plain packaging would be an acquisition of its property rights in its trademarks, and such acquisition requires monetary compensation. The ministry of health and social welfare proposed new pictorial health warnings which shall be implemented from 01-Jun-2010. The health ministry has considered the findings made by the VHAI (Voluntary Health Association of India) before deciding upon the pictorial warning messages.
This move has come just days before the ‘No Smoking Day’ (every 2nd Wednesday of March month is celebrated as No Smoking Day). The critiques of smoking surely couldn’t have asked for a better gift for this day. VHAI field tested the proposed pictorial warning in seven states in India namely Orissa, Bihar, Arunachal Pradesh, Sikkim,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych], Madhya Pradesh, Kerala and Andhra Pradesh and is really surprised with the results they have achieved. VHAI tested a new pictorial warning that shows a cancerous mouth with a warning message that reads “Tobacco causes mouth cancer”.
This sign shall be common for both the chewing tobacco packs and cigarette packs. It would replace the earlier picture of scorpion and lung sign. The scorpion sign was required for gutka,[link widoczny dla zalogowanych], chewing tobacco packs and the diseased lung sign was required for cigarette pack. The report details the revenue and health benefits to each state of increasing its cigarette tax by $1 per pack. If every state and Washington,[link widoczny dla zalogowanych], DC, did so, they would: * Raise $9.1 billion in new annual revenue; * Prevent more than 2.3 million kids from becoming smokers; * Prompt more than 1.2 million adult smokers to quit; * Prevent more than 1 million premature, smoking-caused deaths; and * Save $52.8 billion in health care costs.
The report,[link widoczny dla zalogowanych], Tobacco Taxes: A Win-Win-Win for Cash-Strapped States, was released by the Campaign for Tobacco-Free Kids, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association and Robert Wood Johnson Foundation. The report was released as states are grappling with unprecedented budget shortfalls and facing tough choices to raise revenue and/or cut essential services.