India E-Cigarettes Ban & Trade Rules

“Classifying electric cigarettes as a narcotic is most likely driven by the government’s desire to protect tax revenue collected on tobacco.” He adds that such collections would have been eroded due to smokers switching from traditional cigarettes to electronic cigarettes and pinch state pockets. “I have not heard of any scientific research that concludes that the nicotine in electronic cigarettes is any more or less harmful than nicotine in tobacco. In this article, I have tried to analyze the ban of e-cigarettes and their impact on the firms.

The Ordinance defines electronic cigarettes (e-cigarettes) as battery-operated devices that heat a substance, which can or might not contain nicotine, to form vapor for inhalation. These e-cigarettes also can contain different flavors like menthol, mango, watermelon, and cucumber. Usually, e-cigarettes are shaped like conventional tobacco products (such as cigarettes, cigars, or hookahs), but they also take the shape of everyday items like pens and USB memory sticks. Since then, several countries like Brazil, Mexico, Singapore, and Thailand have banned the assembly, manufacture, and sale of e-cigarettes. Recently, the states of recent York and Michigan in the USA banned the sale of flavored e-cigarettes. Whereas, in the UK, the manufacture and sale of e-cigarettes have been allowed to supported certain conditions. Further, the advertisement and promotion, and therefore the levels of nicotine in e-cigarettes are additionally regulated. Additionally, storage of e-cigarettes is punishable with an imprisonment of up to 6 months, or a fine of Rs 50,000 or both. Once the Ordinance comes into force (i.e., on September 18, 2019), the owners of existing stocks of e-cigarettes will declare and deposit these stocks at the closest office of a certified officer. Such a licensed officer could also be a law officer (at least at the amount of a sub-inspector), or the other officer as notified by the central or regime.

Introduction

What are Electronic Cigarettes?

The Ordinance defines electronic cigarettes (e-cigarettes) as battery-operated devices that heat a substance, which can or might not contain nicotine, to make vapor for inhalation. These e-cigarettes can even contain different flavors like menthol, mango, watermelon, and cucumber. Usually, e-cigarettes are shaped like conventional tobacco products (such as cigarettes, cigars, or hookahs), but they also take the shape of everyday items like pens and USB memory sticks.


Unlike traditional cigarettes, e-cigarettes don’t contain tobacco and thus aren’t regulated under the Cigarettes and Other Tobacco Products Act, 2003. This Act regulates the sale, production, and distribution of cigarettes and other tobacco products in India, and prohibits the advertisement of cigarettes.


What are the International Regulations for E-Cigarettes?

India may be a signatory to the WHO Framework Convention on Tobacco Control (WHO FCTC) which was developed in response to the globalization of the tobacco epidemic. In 2014, the WHO FCTC invited all its signatories to think about prohibiting or regulating e-cigarettes in their countries. This was suggested because of emerging evidence on the negative health impact of those products which could lead to carcinoma, cardiovascular diseases, and other illnesses related to smoking.

Since then, several countries like Brazil, Mexico, Singapore, and Thailand have banned the assembly, manufacture, and sale of e-cigarettes. Recently, the states of the latest York and Michigan in the USA banned the sale of flavored e-cigarettes. Whereas, in the UK, the manufacture and sale of e-cigarettes have been allowed to supported certain conditions. Further, the advertisement and promotion, and therefore the levels of nicotine in e-cigarettes are additionally regulated.


Prior to the Ordinance, were e-cigarettes regulated in India? In August 2018, the Ministry of Health and Family Welfare had released an advisory to all or any states requiring them to not approve any new e-cigarettes and restrict the sale and advertisements of e-cigarettes. Supported this advisory, 15 states including Delhi, Maharashtra, and province have since banned e-cigarettes. However, this advisory was challenged within the Delhi tribunal in March 2019, which subsequently imposed a continue the ban.

What does the Ordinance do?

The Ordinance prohibits the assembly, manufacture, import, export, transport, sale, distribution and advertisement of e-cigarettes in India. Anyone who contravenes this provision is punishable with imprisonment of up to at least one year, or a fine of 1 lakh rupees, or both. For any subsequent offense, the person is punishable with an imprisonment of up to 3 years, together with a fine of up to 5 lakh rupees. Additionally, storage of e-cigarettes is punishable with an imprisonment of up to 6 months, or a fine of Rs 50,000 or both. Once the Ordinance comes into force (i.e., on September 18, 2019), the owners of existing stocks of e-cigarettes will need to declare and deposit these stocks at the closest office of a licensed officer. Such an authorized officer could also be an officer (at least at the extent of a sub-inspector), or the other officer as notified by the central or regime. Note that, the Ordinance doesn’t contain any provisions regarding possession or use of e-cigarettes. The Ordinance is going to be in effect for the subsequent six months and must be approved by Parliament within six weeks of the commencement of the following session of Parliament. If it’s not passed within now frame, it’ll cease to be effective.

India E-cigarettes Trade Rules

The commerce ministry on Thursday said it banned imports of electronic cigarettes and its components like refill pods and e-Hookah. The notification was issued to fits the government’s Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Exports, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019. “Import of electronic cigarettes or any parts or components thereof like refill pods, atomizers, cartridges including all types of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and so variety devices by whatever name and shape, size or form it’s visiting have…is prohibited,” the Directorate General of Foreign Trade said in an exceeding notification. In 2018-19, India has imported these products worth USD 91.2 million. During April-July this fiscal, the imports stood at USD 58 million. However, it said that the ban doesn’t conclude any product licensed under the Drugs and Cosmetics Act, 1940.Last week, the government has issued an ordinance to ban e-cigarettes, making the assembly, import, export, transport, sale or advertisements of such alternative smoking devices a cognizable offense, attracting jail term and fine. First-time violators will face a jail term of up to a minimum of one year and a fine of Rs 1 lakh. For subsequent offenses, a jail term of up to three years or a fine of Rs 5 lakh, or both, in step with the ordinance. The storage of e-cigarettes shall now be punishable with imprisonment of up to six months or a fine of up to Rs 50,000 or both.E-cigarettes set to face ban in India; firms question govt’s rationale. Deemed illegal in 1/2 India, E-cigarettes are set to be banned entirely on grounds that they are “drugs”, in step with reports.

These reports indicate that the health ministry has taken a call to need nicotine inhalers, also called electronic nicotine delivery systems, off the market. The move raises questions on how cigarettes, which also deliver nicotine, are also allowed, causing electronic cigarette dealers and associations to say that the reaction needs more academic study. Apes or electronic cigarettes operate the underside of nicotine-infused liquid contained in hardware powered by a chargeable battery which uses heat to vaporize the liquid and emulate smoke minus stuff in paper and tobacco cigarettes-cigarettes sold today are unlicensed products and largely organized with brands made across the world and have made their way into India. Marketed as a product that will help smokers reduce or quit altogether, it’s also seen as a trendy alternative to traditional cigarettes providing they leave no trace of smoke, the odour of tobacco and will be smoked indoors in most places that don’t allow other varieties of smoking. Hollywood actor Leonardo Di Caprio is most commonly seen puffing on them at the Academy Awards while seated within the audience. The move to ban it in India, however, is leading to those within the e-cigarette business, questioning the rationale. Jay Mehta, President of the Indian Vaping Industry Association, says a ban could boomerang with thousands of smokers who have quit regular cigarettes going back to the greater of the two evils. “Effectively, people are being asked to grant up a healthier life and return to smoking cancer sticks. is that this a measure of group action, one must wonder?” he asks. Mehta estimates that there around 450,000 ‘vapers’ within the country. When queried, a government official declined most questions only stating that “nicotine in normal cigarettes is within permissible limits.”

Across the Western world, San Francisco-based Juul is that the simplest known organized E-cigarette player and reports indicate that it’s been trying to come back into India officially for a protracted time and will do so in late 2019. With quite 100 million smokers, India is one in every of the foremost important smoking countries within the globe. Juul didn’t answer emails clarifying its stand on the ban. Danny Carroll, brand ambassador of Gurkha Cigars, says, “Classifying electric cigarettes as a narcotic is possibly driven by the government’s desire to safeguard taxation collected on tobacco.” He adds that such collections would are eroded due to smokers switching from traditional cigarettes to electronic cigarettes and pinch state pockets. “I haven’t heard of any research that concludes that the nicotine in electronic cigarettes is any more or less harmful than nicotine in tobacco,” adds Carroll. Beyond the ban itself, as a former smoker himself, Mehta questions the logic of banning a less harmful alternative while keeping the sale of cigarettes open. “Why is that the govt. allowing the sale of an item that kills? Ban vaping, and ban smoking additionally,” he says. The trend in Western countries is to deregulate and increasingly let people choose what they have to position in their own bodies. “It is unfortunate to figure out the Indian government occupation the choice direction for what appears to be nothing over an exercise in protecting tax collections,” says Carroll.

Conclusion

In August 2018, the Ministry of Health and Family Welfare had released an advisory to any or all states requiring them to not approve any new e-cigarettes and restrict the sale and advertisements of e-cigarettes. Supported this advisory, 15 states including Delhi, Maharashtra, and state have since banned e-cigarettes. However, this advisory was challenged within the Delhi judicature in March 2019, which subsequently imposed a remain the ban. “Classifying electric cigarettes as a narcotic is presumably driven by the government’s desire to safeguard government income collected on tobacco.” He adds that such collections would are eroded because of smokers switching from traditional cigarettes to electronic cigarettes and pinch state pockets. “I haven’t heard of any research that concludes that the nicotine in electronic cigarettes is any further or less harmful than nicotine in tobacco,”

Questions

Q1. What are electronic cigarettes?

The Ordinance defines electronic cigarettes (e-cigarettes) as battery-operated devices that heat a substance, which might or may not contain nicotine, to create vapor for inhalation. These e-cigarettes can even contain different flavors like menthol, mango, watermelon, and cucumber. Usually, e-cigarettes are shaped like conventional tobacco products (such as cigarettes, cigars, or hookahs), but they also take the form of everyday items like pens and USB memory sticks.

Q2. What are the international regulations for e-cigarettes?

India could also be a signatory to the WHO Framework Convention on Tobacco Control (WHO FCTC) which was developed in response to the globalization of the tobacco epidemic. In 2014, the WHO FCTC invited all its signatories to consider prohibiting or regulating e-cigarettes in their countries. This was suggested thanks to emerging evidence on the negative health impact of these products which could lead to carcinoma, cardiovascular diseases, and other illnesses associated with smoking.

Q3. India E-cigarettes Trade rules?

The commerce ministry on Thursday said it banned imports of electronic cigarettes and its components like refill pods and e-Hookah. The notification was issued to fits the government’s Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Exports, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019. “Import of electronic cigarettes or any parts or components thereof like refill pods, atomizers, cartridges including all types of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and thus variety devices by whatever name and shape, size or form it’s visiting have…is prohibited,” the Directorate General of Foreign Trade said in an exceeding notification.

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