Safiya Malik

The Bombay High Court has issued a notice to the Union of India and other respondents in a Public Interest Litigation (PIL) seeking the inclusion of cancer warning labels on all alcohol bottles. The court has directed the respondents to submit their responses and scheduled the matter for further hearing on February 27, 2025. The plea also seeks the formulation of rules to ensure the effective implementation of such labeling requirements, citing public health concerns associated with alcohol consumption.

The petition was filed by Yash Chilwar, who has sought judicial intervention for mandating cancer warning labels on alcohol bottles, similar to the statutory warnings on tobacco products. The petitioner argued that numerous scientific studies have established a link between alcohol consumption and various forms of cancer, including liver, esophageal, and colorectal cancer. He contended that despite these findings, there is no legal requirement in India for alcohol manufacturers to display cancer warnings on their products.

The petitioner’s counsel, Ms. Pooja Phagnekar, submitted that the lack of mandatory health warnings misleads consumers by failing to provide them with adequate information about the health risks of alcohol consumption. She argued that labeling requirements would enhance consumer awareness and allow individuals to make informed decisions regarding their alcohol intake.

The petition further stated that under existing legal frameworks, tobacco products in India are required to carry explicit health warnings, including pictorial depictions of the health consequences of smoking. However, no such requirement applies to alcohol products, despite the fact that alcohol has been classified as a carcinogen by international health agencies. The petitioner contended that this regulatory inconsistency violates the right to health and the right to be informed, as guaranteed under Article 21 of the Indian Constitution.

The petitioner also cited global examples, pointing out that several countries have implemented mandatory cancer warnings on alcohol bottles. He argued that India should follow similar regulatory practices to protect public health. The plea seeks the court’s direction to the government to formulate and implement regulations mandating cancer warnings on alcohol bottles, in line with existing international standards.

On behalf of the respondents, Government Pleader Ms. Neha S. Bhide appeared along with Additional Government Pleader Mr. O. A. Chandurkar and Assistant Government Pleader Mr. S. P. Kamble, representing the state government. The respondents have been granted time to file their reply before the next hearing.

A division bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre recorded the petitioner’s submissions and took note of the issues raised. The court observed that the matter involves questions of public health and consumer awareness that require examination. The bench directed the issuance of a notice to the respondents and sought their responses on the regulatory feasibility of introducing mandatory cancer warnings on alcohol packaging.

The court acknowledged the petitioner’s argument that “while tobacco products carry statutory health warnings, alcohol, which is also associated with severe health risks, is exempt from such requirements.” The bench recorded that the issue warrants legal scrutiny and directed the government to clarify its position on whether regulatory measures could be introduced in this regard.

At this stage, the court did not express any opinion on the merits of the petition but agreed that the matter raises significant concerns that necessitate a response from the government. The court stated that “public health concerns raised in the petition require due consideration, and the state must respond with details on the existing regulatory framework governing alcohol labeling.”

The bench further noted that the state’s response should address whether existing provisions under the Food Safety and Standards Act, 2006, or any other relevant legislation, could be amended to include mandatory cancer warnings on alcohol products. The court also asked whether any consultations had been conducted with health and consumer safety authorities on the matter.

The Bombay High Court issued a notice to the respondents, including the Union of India, and directed them to submit their responses by February 27, 2025. The court instructed that the government’s reply should provide specific details regarding the legal framework governing alcohol labeling and whether any steps had been taken to introduce health warnings on alcohol bottles.

The court recorded in its order: “Issue notice to the respondents, returnable on 27th February 2025.” It further stated that the government must “provide a comprehensive response outlining its position on the petitioner’s request for mandatory cancer warning labels on alcohol bottles.”

The matter has been scheduled for further hearing on February 27, 2025

Case Title: Yash Chilwar vs. Union of India & Ors.
Case Number: Public Interest Litigation No. 5 of 2025
Bench: Chief Justice Alok Aradhe, Justice Bharati Dangre

[Read/Download order]