India maintains a strict nationwide ban on electronic nicotine delivery systems (ENDS), commonly referred to as e-cigarettes. The core legislation governing this ban is the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.
Key Provisions of the Law
- Comprehensive Ban: The act prohibits the entire trade cycle of e-cigarettes and similar devices, including production, manufacturing, import, export, transport, sale, distribution, storage, and advertisement.
- Broad Definition: The ban covers all ENDS, heat-not-burn products, vapes, e-hookahs, and other devices enabling nicotine delivery through vaporization, regardless of their shape, size, or name. Nicotine-free variants are also included.
- Component Ban: Not just complete devices, but also any component or part intended for use in assembling e-cigarettes is banned.
Penalties for Violation
- First Offense: Imprisonment up to 1 year, or a fine up to ₹100,000 (approx. $1,200 USD), or both.
- Subsequent Offenses: Imprisonment up to 3 years plus a fine up to ₹500,000 (approx. $6,000 USD).
- Possession: Simple possession carries a penalty of imprisonment up to 6 months, a fine up to ₹50,000 (approx. $600 USD), or both.
- Storage: Violating storage provisions can lead to imprisonment up to 6 months, a fine up to ₹50,000 (approx. $600 USD), or both.
Rationale Behind the Ban
The Indian government cites significant public health risks as the primary reason for the ban, particularly concerning youth uptake and addiction. Key concerns include the lack of conclusive evidence on their efficacy as cessation tools, potential long-term health impacts unknown at time of introduction, and risks from unregulated products and chemicals.
What This Means Today
- No Legal Sale: Purchasing e-cigarettes within India is illegal through formal or informal channels.
- Import Banned: Importing e-cigarettes or components for personal/commercial use is prohibited.
- Advertising Prohibited: Promotion of e-cigarettes in any form is illegal.
- Enforcement: Authorities like customs and police actively enforce the ban, including seizures.
