Various groups appeal to PM Modi to ban Electronic Nicotine Delivery Systems

Over 1000 doctors, 90 Public Health Organisations, 1000 school students and teachers from across India, have appealed to the Prime Minister Narendra Modi for effective enforcement of the ban on Electronic Nicotine Delivery Systems (ENDS), National Organisation for Tobacco Eradication said in an official release.

The groups have lauded the Ministry of Health and Family Welfare (MoHFW) for its advisory as a timely measure to tackle the new emerging threat of e-cigarettes in the country. MoHFW issued an advisory to all States and Union Territories, to ensure that Electronic Nicotine Delivery Systems (ENDS) are not sold, manufactured, distributed, traded, imported and advertised in their jurisdictions. Union Health Secretary, Preeti Sudan, has also written to the Commerce Secretary to block the entry of JUUL, a US-based company, manufacturing vaping devices like e-cigarettes, from entering India.

13 states in India (Punjab, Karnataka, Kerala, Bihar, Uttar Pradesh, Jammu and Kashmir, Himachal Pradesh, Tamil Nadu, Maharashtra, Puducherry, Jharkhand and Mizoram) already banned the use and sale of E-cigarettes, Vape and E-Hookah. However, a study conducted by Consumer Voice, in 5 major cities (Delhi, Mumbai, Kolkata, Bangalore and Lucknow), found 36 brands of E-Cigarette available for purchase despite the ban.

The Ministry of Electronics and Information Technology (MEITY) has also issued an amendment to the Information Technology (Intermediary Guidelines) Rules 2018 to ban the advertisement of e-cigarettes. Even the Central Board of Indirect Taxes and Customs issued a circular saying that all import consignments of e-cigarettes must be cleared by the drug controller first.

On 18th February 2019, Directorate General of Health Services Central Drugs Standard Control issued an order to all Drug Controllers at the State/UT to ensure that ENDS are not sold, manufactured, distributed, traded, imported and advertised in your jurisdictions.

The Delhi High Court stayed the order of the DCGI. However, the stay is valid for a limited period, till May 17, 2019, and has limited application pertaining to the two communication issued for implementing MoHFW Advisory on ENDS ban.