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The Tobacco Toothpastes Story

Landmark Case on Consumer Health and Product Disclosure

Background:

CERC took up a significant public health issue after receiving a complaint from Mrs. Geeta Acharya regarding two tobacco-based toothpastes sold under the brand names “IPCO Creamy Snuff” and “Dentobac”, manufactured by Asha Industries, Nadiad and Parag Perfumes, Sihor, respectively.

Laboratory examination and further inquiry revealed that these products contained a high percentage of tobacco (35%–40%), making them habit-forming and injurious to health. Despite this, the manufacturers had failed to disclose the presence and harmful effects of tobacco on the product packaging or in advertisements.

Legal Action by CERC:

Recognizing the threat posed to public health, particularly to unsuspecting consumers and children, CERC filed an application before the Hon’ble Gujarat High Court seeking mandatory disclosure of the tobacco content and appropriate health warnings.

Directions of the Hon’ble Gujarat High Court:

The Court, upon examining the matter, passed comprehensive directions to ensure transparency and consumer safety:

The manufacturers were ordered to clearly mention on all cartons and tubes—in both English and Hindi—that the products contained 35% to 40% tobacco.
A mandatory warning stating that “Tobacco is injurious to health” was to be prominently displayed on every package.
The same information and warnings were required to be included in all advertising and promotional materials.
The manufacturers were collectively directed to pay ₹7,500 to CERC as costs for proceedings before the Gujarat High Court and an additional ₹17,500 as costs before the MRTP Commission.

Significance of the Judgment:

This landmark case reaffirmed that manufacturers have a legal and moral duty to disclose health hazards associated with their products. The judgment established that consumer safety and right to information extend beyond food and medicines to all products that may affect health.

By mandating transparent labeling and public disclosure, this case became a milestone in consumer protection and public health awareness, paving the way for stronger regulatory action against misleading and harmful consumer goods.

Impact:

The case demonstrated CERC’s unwavering commitment to public health advocacy and consumer rights. It not only resulted in immediate corrective measures but also created a national precedent for truthful product labeling and advertising.

CERC’s proactive legal intervention ensured that thousands of consumers were informed about the dangers of using tobacco-based toothpastes and helped curb deceptive marketing practices in health-related products.