LHC Upholds Ban on Tobacco Advertising
The Lahore High Court has upheld the federal government’s restrictions on the advertising, promotion and sponsorship of tobacco products, cigarettes and paan. Justice Raheel Kamran Sheikh dismissed petitions challenging the government notification, ruling that the restrictions are legally valid and aimed at protecting public health.
Public Health Takes Priority
In its detailed judgment, the court observed that tobacco, cigarettes and paan can have harmful effects on public health. Protecting public health and ensuring a healthy environment are among the state’s constitutional responsibilities. The court also made it clear that there is no unrestricted constitutional right to advertise tobacco products.
Business Rights Are Not Absolute
The judgment acknowledged that citizens have a constitutional right to conduct business and engage in trade. However, the court said this right does not mean that businesses have an unlimited right to promote products that can harm public health. The restrictions therefore apply specifically to advertising and promotion rather than banning the manufacture, import, distribution or sale of tobacco products altogether.
Ban Also Covers Promotional Displays
The restrictions extend beyond traditional advertisements. The court upheld limits on promotional material and the prominent display of tobacco products at retail shops and points of sale. This means retailers and tobacco companies cannot use promotional displays in ways that effectively advertise the products to consumers.
Court Rejects Illegal Trade Argument
The petitioners had argued that restricting tobacco advertising could potentially encourage illegal trade. The Lahore High Court rejected this argument, stating that the possibility of increased illegal trade was not sufficient to invalidate the government’s restrictions.
Government Notification Declared Valid
The court also rejected a constitutional objection concerning the Council of Common Interests. It found no illegality in the federal government’s notification and upheld the restrictions imposed under the relevant tobacco control legislation.
Decision Strengthens Tobacco Control
The ruling gives legal backing to the government’s efforts to restrict tobacco promotion in Pakistan. It also reinforces the principle that commercial advertising can be regulated when public health is at stake. With the petitions dismissed, the restrictions on tobacco, cigarette and paan advertising remain in effect.
