The Lahore High Court (LHC) has upheld the federal government’s ban on advertising tobacco, cigarettes and paan products, ruling that such promotions are unlawful and that there is no permanent constitutional right to advertise tobacco products.
The judgment was issued by Justice Raheel Kamran Sheikh in his final ruling before his resignation. The court dismissed a petition challenging the federal government’s notification restricting advertisements for tobacco-related products.
LHC Backs Tobacco Advertising Restrictions
In its detailed judgment, the LHC noted that the federal government had imposed the restrictions on public health grounds, citing the potential harmful consequences of promoting tobacco, cigarettes and paan products.
The court observed that protecting public health and maintaining a healthy environment fall within the government’s constitutional responsibilities.
The judgment made clear that while citizens have constitutional rights to conduct business and trade, those rights do not create an unlimited entitlement to promote products that may pose risks to public health.
Court Rejects Constitutional Objections
The petitioner had also challenged the restrictions on constitutional grounds, including an argument that the federal government should have referred the matter to the Council of Common Interests (CCI).
The LHC rejected the objection, finding nothing unlawful in the government’s notification imposing restrictions on tobacco advertising.
The court also dismissed the argument that banning tobacco advertising could contribute to an increase in illegal trade.
Public Health Takes Priority
The LHC ultimately upheld the federal government’s notification and dismissed the petition.
The ruling reinforces the government’s authority to regulate tobacco advertising as part of broader public health measures.
By upholding the restrictions, the court has also clarified that commercial freedom does not provide an unrestricted constitutional right to advertise tobacco products.
The judgment is expected to have implications for tobacco companies, cigarette manufacturers, paan businesses and other entities involved in the promotion or marketing of tobacco-related products in Pakistan.
