In a major health and wellness initiative for the country, the Union Cabinet chaired by the Honourable Prime Minister of India Shri Narendra Modi has approved the Promulgation of the Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019.
Electronic-cigarettes are battery-operated devices that produce aerosol by heating a solution containing nicotine, which is the addictive substance in combustible cigarettes. These include all forms of Electronic Nicotine Delivery Systems (ENDS), Heat Not Burn Products, e-Hookah and the like devices. These novel products come with attractive appearances and multiple flavours and their use has increased exponentially and has acquired epidemic proportions in developed countries, especially among youth and children.
Implementation of the Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019: Upon promulgation of the Ordinance, any production, manufacturing, import, export, transport, sale (including online sale), distribution or advertisement (including online advertisement) of e-cigarettes shall be a cognizable offence punishable with an imprisonment of up to one year or fine up to Rs. 1 lakh or both for the first offence; and imprisonment of up to three years and fine up to Rs. 5 lakh for a subsequent offence. Storage of electronic-cigarettes shall also be punishable with an imprisonment up to 6 months or fine up to Rs 50,000 or both.
The owners of existing stocks of e-cigarettes on the date of commencement of the Ordinance will have to suo-moto declare and deposit these stocks with the nearest police station. The Sub-Inspector of Police has been designated as the Authorized Officer to take action under the Ordinance. The Central or State Governments may also designate any other equivalent officer(s) as Authorized Officer for enforcement of the provisions of the Ordinance.