The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 is a significant piece of legislation enacted in India. Its primary objective is to safeguard public health, particularly that of adolescents and young adults, by comprehensively banning all aspects related to Electronic Nicotine Delivery Systems (ENDS), commonly known as e-cigarettes, and similar devices.
Key Prohibitions
The Act enforces a complete ban on a wide range of activities concerning electronic cigarettes. These include:
- Production and Manufacture: Any form of manufacturing or production of e-cigarettes within India is prohibited.
- Import and Export: The Act bans the import of e-cigarettes into India and their export from India.
- Transport: Movement or transportation of e-cigarettes is forbidden.
- Sale and Distribution: The sale, including online retail, and distribution of e-cigarettes are illegal.
- Storage: Storing any stock of e-cigarettes for the purpose of any of the prohibited activities is an offence.
- Advertisement: All forms of advertisement, promotion, or endorsement of e-cigarettes, whether direct or indirect, are banned. This includes taking part in any advertisement that promotes the use of e-cigarettes.
Rationale Behind the Enactment
The Government of India introduced this legislation based on several pressing concerns:
- Public Health Risks: Growing global evidence indicated potential adverse health effects associated with e-cigarette use, including nicotine addiction, impact on adolescent brain development, cardiovascular diseases, and respiratory issues.
- Youth Vulnerability: E-cigarettes, with their appealing flavours and marketing strategies, were increasingly attracting youth and non-smokers, posing a risk of initiating nicotine addiction among a new generation.
- Gateway Concerns: There were apprehensions that e-cigarettes could act as a gateway to the consumption of traditional tobacco products.
- Regulatory Gaps: The e-cigarette market was largely unregulated, leading to concerns about product standards, safety, and misleading claims.
Penalties for Contravention
The Act stipulates significant penalties for violations:
- For a first offence concerning the prohibition of production, manufacture, import, export, transport, sale, distribution, or advertisement of e-cigarettes: Imprisonment for a term up to one year, or a fine up to one lakh rupees (₹100,000), or both.
- For any subsequent offence: Imprisonment for a term up to three years, and a fine up to five lakh rupees (₹500,000).
- For the storage of electronic cigarettes: Imprisonment for a term up to six months, or a fine up to fifty thousand rupees (₹50,000), or both.
Authorized officers have the power to search premises and seize stocks of e-cigarettes if they have reason to believe that the provisions of the Act are being violated.
Scope and Definition
The Act provides a broad definition of “electronic cigarette,” encompassing:
Electronic Cigarette: An electronic device that heats a substance, which may or may not contain nicotine, to create an aerosol for inhalation. This includes all forms of Electronic Nicotine Delivery Systems (ENDS), Heat-Not-Burn (HNB) products, e-Hookahs, and any similar device by whatever name called and whatever shape, size or form it may have. The prohibition also extends to any part or component of such devices and any substance used in them, regardless of nicotine content.
Impact and Enforcement
The Act represents a decisive policy measure aimed at preventing the proliferation and use of e-cigarettes in India. Its enforcement involves multiple governmental agencies at central and state levels. The legislation underscores a precautionary approach towards new and emerging nicotine delivery products, prioritizing public health over commercial interests in this sector. The long-term effects on public health trends and tobacco consumption patterns continue to be monitored.
