BACKGROUND: TAPS remains a significant challenge in tobacco control of India. Despite the robust provisions in Section 5, Cigarette and Other Tobacco Products Act(COTPA)2003, which prohibits advertisement of tobacco products; many products like Pan Masala and Elaichi continue to be strategically advertised with tobacco brands across kiosks, print, outdoor and digital media. This study was initiated to address the lack of literature on the challenges in implementing Section 5 in India
METHODS: This study examined the challenges at national and state level in enforcing Section 5 of COTPA by reviewing State-level reports and challans issued from 2022-2025, petitions-filed under the section in last 15 years in the country and the enforcement measures prescribed by the act/rules.
RESULTS: Feedback gathered from 15 State partners using validated questionnaire via google spreadsheet and focused group discussions with 4 states identified key issues. Non-compoundable nature of Section5 hampers Tobacco Control Cells to seize advertisement materials and present in court. Misconceptions about Trademark Act and lack of clarity with courts further complicates enforcement. Notably, the number of challans issued under Section 5 is not reported in the government's system; only violations are recorded. In the past three years, 4692 violations were reported under Section 5, compared to over 519 million challans under Section 4 (smoking prohibition in public places), with over 40% of states reporting no violations under Section 5. Review of 105 court cases filed in 15 years in courts highlighted ongoing legal challenges, including petitions from Pan Masala companies, tobacco wholesalers and over health warnings in media. While some rulings upheld the law, several cases are still pending.
CONCLUSIONS: Enforcing Section 5 is challenging at point of sale and media platforms. The tobacco industry exploits loopholes to target youth. Clearer, practical provisions, stronger support from judiciary and police and global measures like vendor-licensing are crucial for effective enforcement.