Despite the parliament green light for the gazette endorsing a pictorial warning covering 80% of the cigarette packet, the Appeal Court delivering its judgement today informed Health Ministry only 50-60% could be given for the warning.
The Court also directed the petitioner Ceylon Tobacco Company to use only 40% of the surface area for its trade marks.
The Bench comprising Justices Anil Gooneratne and Malinie Gunaratne made this order sequent to a writ application filed by the Ceylon Tobacco Company (CTC) challenging the Tobacco Products (Labelling and Packaging) Regulation No. 01 of 2012 of the Minister of Health in the Gazette Extraordinary No 1770/15 dated August 8, 2012 that pictorial warnings cover 80% of the outside of a cigarette packet.
The Court observed that the remaining 20% would not be reasonably sufficient to exhibit the company trademark if 80% of the cigarette packet was used for pictorial warnings.
It observed that petitioners should be given a reasonable opportunity to exercise the rights attached to their registered trademarks to reach the consumers and promote the commercialisation of their goods. The law does not prohibit the sale of tobacco. The Court observed that the trademark owner could not reach the consumers if the trademark was hidden within the health warning.
It observed that a balance needs to be maintained, having considered the submissions by either party.
(Lakmal Sooriyagoda)
The visibly angry and disappointed doctors of the Sri Lanka Medical Association (SLMA), led by the Secretary of its Anti-Tobacco Committee, Doctor Manoj Fernando, were seen expressing their disappointment after the verdict. Deputy Minister of Health Lalith Dissanayake also attended courts proceedings today. (Pix by Pradeep Dilrukshana)