The Lahore High Court (LHC) has upheld the federal government’s restrictions on the advertising of tobacco, cigarettes and paan products, ruling that such promotions are illegal.
The judgment was issued by Justice Raheel Kamran Sheikh and marked his final decision before his resignation.
The court dismissed a constitutional petition challenging the federal government’s notification that imposed restrictions on advertisements promoting tobacco-related products.
Court Upholds Government Advertising Restrictions
In its detailed ruling, the Lahore High Court observed that the federal government had introduced the restrictions on public health grounds.
The government argued that advertising tobacco, cigarettes and paan products could have harmful consequences for public health and contribute to an environment that encourages the consumption of such products.
The court accepted the government’s position and upheld the restrictions, emphasizing the importance of protecting public health.
The judgment reinforces the government’s authority to regulate the promotion of products that may pose risks to public health.
No Permanent Right to Advertise Tobacco Products
A key observation in the LHC judgment was that there is no permanent constitutional right to advertise tobacco products.
The court acknowledged that citizens have constitutional protections relating to business and trade. However, it held that such rights do not provide an unrestricted entitlement to advertise products when the government has legitimate public health concerns.
The ruling therefore distinguishes between the general right to conduct lawful business and the ability to promote specific products through advertising.
According to the court, restrictions aimed at protecting public health can be imposed within the constitutional framework.
Public Health Considered a Constitutional Obligation
The Lahore High Court also highlighted the constitutional importance of protecting public health and maintaining a healthy environment.
The court observed that ensuring public health and a healthy environment falls within the government’s constitutional responsibilities.
This reasoning formed an important part of the decision to uphold the federal notification restricting tobacco-related advertising.
The judgment indicates that commercial interests cannot automatically override measures introduced for legitimate public health purposes.
Court Rejects Illegal Trade Argument
The petition challenging the advertising restrictions also raised concerns that limiting tobacco advertising could encourage or contribute to illegal trade.
The Lahore High Court rejected this argument.
The court did not find that the government’s restrictions were unlawful simply because the petitioner argued they could have an impact on the illicit market.
The ruling instead focused on the government’s stated objective of protecting public health through restrictions on the promotion of tobacco and related products.
Council of Common Interests Objection Dismissed
Another constitutional objection raised before the court concerned the government’s decision not to refer the matter to the Council of Common Interests (CCI).
The petitioner argued that the notification should have been referred to the CCI.
The Lahore High Court rejected the objection, finding nothing unlawful in the federal government’s notification on this basis.
The decision therefore clears another constitutional challenge against the restrictions imposed on tobacco, cigarette and paan advertising.
Business Rights Subject to Regulation
While delivering its judgment, the court acknowledged that every citizen has a constitutional right to conduct business and engage in trade.
However, the court made clear that these rights do not prevent the government from imposing reasonable regulatory measures in the public interest.
In the case of tobacco advertising, the court accepted public health protection as a valid basis for government intervention.
The decision means that businesses dealing in tobacco, cigarettes and paan products cannot rely solely on their commercial rights to challenge restrictions on advertising.
Petition Dismissed
After considering the constitutional and legal objections raised against the federal government’s notification, the Lahore High Court dismissed the petition.
The court ultimately upheld the government’s restrictions on tobacco-related advertising and confirmed that promoting tobacco, cigarette and paan products through advertising is subject to the federal ban.
The judgment could further strengthen regulatory efforts aimed at limiting the promotion of tobacco and related products in Pakistan.
The decision also highlights the judiciary’s recognition of public health considerations when balancing commercial freedoms with broader constitutional responsibilities.
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