India: E-Cig Ban Violators To Face Imprisonment Alongside Monetary Penalties

Source from:  Tobacco Reporter 09/20/2019

The Indian Government is preparing an ordinance that bans e-cigarettes as part of the 100-day goals of the Ministry of Health and Family Welfare. The ordinance will provide for a maximum imprisonment of up to one year along with a penalty of Rs 1 lakh for first-time violators, and harsher penalties for repeat offenders.

A recent proposal by the Drugs Technical Advisory Board of India, has suggested prohibiting the sale, manufacture, import and distribution of all ENDS, under Sections 26A and 10A of the Drugs and Cosmetics Act, 1940. The proposal states that, “After revisiting its earlier deliberations, the Drugs Consultative Committee has recommended that concluded that these devices fall under the definition of ‘drug’.”

To this effect, the Union Health Ministry is preparing to release an ordinance which would implement the ban. The Prohibition of E-cigarettes Ordinance 2019, which will be sent to a group of ministers for review, would set in place a maximum imprisonment of up to one year alongside a penalty of Rs 1 lakh for first-time violators. While, repeat offenders could face up to three years of jail and a penalty of Rs 5 lakh.

This move comes highly recommended by the Indian Council of Medical Research (ICMR) who had suggested a “complete ban” on ENDS, saying that the devices are a gateway to smoking and can get a non-smoker addicted to nicotine.

“ICMR has recommended a complete ban on e-cigarettes. A petition that had asked for prohibition of an ordinance banning e-cigarettes has been rejected by the court. The ordinance will give legal backing to the ban,” said a senior official about an attempt to overturn the ban.

The move is ironic to say the least, when the devices proven to be safer alternatives are being banned but the actual products that are toxic: cigarettes, remain untouched and widely available throughout the country.  Enditem