India adopts ban on electronic cigarettes and heated tobacco products

The Parliament of India passed on 5 December 2019, Act No. 42 of the Ministry of Law and Justice on the Prohibition of Electronic Cigarettes. The Act establishes the ban on the production, manufacture, import, export, transport, sale, distribution, storage and advertising of these products “in the interest of public health, to protect the people from harm and for matters connected therewith or incidental thereto”.

The new law defines electronic cigarette as “an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have”. This formulation suggests that the rules apply to both ENDS as well as on electronic non-nicotine delivery systems.

This protective measure, which also establishes fines for offences that contravene its provisions, aims to protect the population from the harms of these products, which were increasingly being taken up among youth.

The full text of the new regulation can be found in the Gazette of India (in English) at  http://egazette.nic.in/

For more information, please contact Vikas Sheel in the Ministry of Health and Family Welfare of India (e-mail: sheelv@nic.in).

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