Prohibition of Electronic Cigarettes Ordinance – Diligent IAS 22/09/2019 – Posted in: Press Information Bureau

Electronic Cigarettes

(Cabinet)

WHAT

The Union Cabinet has approved the Promulgation of the Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019.

 

ELECTRONIC CIGARETTES (E-CIGARETTES)

  • Electronic-cigarettes are battery-operated devices that produce aerosol by heating a solution containing nicotine, which is the addictive substance in combustible cigarettes.
  • These include all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices.
  • These novel products come with attractive appearances and multiple flavours and their use has increased exponentially and has acquired epidemic proportions in developed countries, especially among youth and children.

 

IMPLEMENTATION

Upon promulgation of the Ordinance, any production, manufacturing, import, export, transport, sale (including online sale), distribution or advertisement (including online advertisement) of e-cigarettes shall be a cognizable offence punishable with an imprisonment of up to one year or fine up to Rs. 1 lakh or both for the first offence, imprisonment of up to three years and fine up to Rs. 5 lakh for a subsequent offence.

Storage of electronic-cigarettes shall also be punishable with imprisonment up to 6 months or fine up to Rs 50,000 or both.

 

IMPACT

  • The decision to prohibit e-cigarettes will help protect the population, especially the youth and children, from the risk of addiction through E-cigarettes.
  • Enforcement of the Ordinance will complement the government’s efforts for tobacco control and will help in the reduction of tobacco use and reduction in associated economic and disease burden.

 

BACKGROUND

  • The current decision has come on the back of an advisory issued by the Government in 2018 to all States to consider banning e-cigarettes.
  • 16 States and 1 UT have already banned e-cigarettes.
  • The WHO has also urged member countries to take appropriate steps including prohibiting these products.
  • Such type of products may act as gateway products to induce non-smokers, especially youth and adolescents, to nicotine-use, leading to addiction and subsequent use of conventional tobacco products.

 

SUSTAINABLE DEVELOPMENT GOAL

Considering the highly addictive nature of nicotine; safety concern of flavours in combination with nicotine; risk of use of other psychoactive substances through these devices; initiation of nicotine or psychoactive substances by non-smokers, especially adolescents and youth; dual use of e-cigarettes and conventional cigarettes; scant scientific evidence for use of e-cigarettes as effective tobacco cessation aids; threat to country’s tobacco control efforts; hindrance in achieving the targets envisaged under Sustainable Development Goals, National Monitoring Framework for Prevention and Control of Non-communicable Diseases and National Health Policy, 2017; and in overall interest of public health as envisaged under Article 47 of the Constitution of India, the decision has been taken to prohibit/ban e-cigarettes including all forms of Electronic Nicotine Delivery Systems [ENDS), Heat Not Burn Products, e-Hookah and the like devices.

 

Source: PIB

 

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