3-Dec-2019: E-Cigarettes Ordinance

The Government of India prohibited electronic-cigarettes and like devices through promulgation of ‘The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019 on 18th September, 2019.

All the States/UT Governments, Director General of Police of all States/UTs and Stakeholder, Central Government Ministries/Departments were requested to take necessary steps for implementation of the provisions of the Ordinance. Implementing agencies were also sensitized through a Video Conference for ensuring the implementation of the Ordinance. Further, a stakeholder meeting was organized with Central Government Ministries / Departments for implementation of the Ordinance.

The Bill to replace the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019 was introduced in the Lok Sabha on 22.11.2019. The Bill has been passed by the Lok Sabha on 27.11.2019 and by the Rajya Sabha on 02.12.2019.

10-Jul-2019: Electronic Nicotine Delivery Systems [ENDS] [also known as e-cigarettes]

As per a report of WHO, Electronic Nicotine Delivery Systems [ENDS] [also known as e-cigarettes] heat a solution to create an aerosol which frequently contains flavourants, usually dissolved into Propylene Glycol or/and Glycerin. ENDS aerosol contains nicotine, the addictive component of tobacco products. In addition to dependence, nicotine can have adverse effects on the development of the foetus during pregnancy and may contribute to cardiovascular disease.

The WHO report further says that although nicotine itself is not a carcinogen, it may function as a tumour promoter and seems to be involved in the biology of malignant disease, as well as of neurodegeneration. Foetal and adolescent nicotine exposure may have long-term consequences for brain development, potentially leading to learning and anxiety disorders. The evidence is sufficient to warn children and adolescents, pregnant women, and women of reproductive age against ENDS use and nicotine.

E-cigarette has not been separately classified under import policy and is being imported under different HS Codes. Import of e-cigarette, its Accessories and Electronic Nicotine Delivery Systems (ENDS), for the last three years and current year is as under:

* Figures pertaining to the financial years 2018-19 are Provisional.

As per WHO Report on the Global Tobacco Epidemic 2017, the Governments of thirty countries, including Mauritius, Australia, Singapore, Korea [Democratic People’s Republic], Sri Lanka, Thailand, Brazil, Mexico, Uruguay, Bahrain, Iran, Saudi Arabia, and United Arab Emirates have already banned Electronic Nicotine Delivery System in their countries.

Ban on import is not possible unless there is a legal ban on domestic production, distribution and consumption. Considering that health is a state subject, Ministry of Health & Family Welfare, Government of India, has issued an advisory on 28.8.2018 to all States and Union Territories to ensure that any Electronic Nicotine Delivery Systems including e-Cigarettes, Heat-Not-Burn Devices, Vape, e-Sheesha, e-Nicotine Flavoured Hookah, and the like devices that enable nicotine delivery are not sold [including online sale], manufactured, distributed, traded, imported and advertised in their jurisdictions, except for the purpose and in the manner and to the extent, as may be approved under the Drugs & Cosmetics Act, 1940.

Governments of Punjab, Karnataka, Mizoram, Kerala, Jammu & Kashmir, Uttar Pradesh, Bihar, Maharashtra, Tamil Nadu, Jharkhand, Himachal Pradesh, Puducherry, Rajasthan and Meghalaya have prohibited the manufacture, distribution, import and sale of Electronic Nicotine Delivery Systems.

12-Sep-2018: Tamil Nadu Government bans manufacture and sale of e-cigarettes.

The State government has prohibited the manufacture, sale (including online sale), distribution, trade, display, marketing, import and possession of Electronic Nicotine Delivery Systems, popularly known as e-cigarettes, in Tamil Nadu.

The prohibition of e-cigarettes follows the Health and Family Welfare Minister announcing on the floor of the Assembly on June 14 the banning of e-cigarettes.

In a government order, the ill-effects of e-cigarettes are being circulated — that inhaling through the device is harmful as it contains nicotine, ultrafine particles and also has heavy metals. Also the myth that e-cigarettes are less harmful when compared with smoking tobacco has been busted, the order said. Defective e-cigarettes can lead to burns and in some cases also explode.

The ban advisory states that the use of e-cigarettes causes adverse health effects due to second-hand exposure to metals like nickel and chromium. These pose a risk to non-smokers and bystanders. E-cigarettes is also dangerous to children and non-smokers.

29-Aug-2018: Centre asks states to ban e-cigarettes

In a move to protect health risks to children, adolescents and women of reproductive age, the health ministry has asked states to ban Electronic Nicotine Delivery Systems (ENDS) including e-cigarettes, Vape, e-Sheesha, e-Hookah etc.

The states/Union Territories are advised, in larger public health interest and in order to prevent the initiation of ENDS by non-smokers and youth with special attention to vulnerable groups, to ensure that any Electronic Nicotine Delivery Systems (ENDS) including e-Cigarettes, Heat-Not-Burn devices, Vape, e-Sheesha, e-Nicotine Flavoured Hookah, and the like devices that enable nicotine delivery are not sold (including online sale), manufactured, distributed, traded, imported and advertised in their jurisdictions, except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder.

27-Mar-2018: Regulation of E-Cigarettes

As per a report prepared by WHO, Electronic Nicotine Delivery Systems (ENDS) (also known as e-cigarettes) emits nicotine, the addictive component of tobacco products. In addition to dependence, nicotine can have adverse effects on the development of the foetus during pregnancy and may contribute to cardiovascular disease.

The WHO report further says that although nicotine itself is not a carcinogen, it may function as a “tumour promoter” and seems to be involved in the biology of malignant disease, as well as of neurodegeneration. Foetal and adolescent nicotine exposure may have long-term consequences for brain development, potentially leading to learning and anxiety disorders. The evidence is sufficient to warn children and adolescents, pregnant women, and women of reproductive age against ENDS use and nicotine.