As vaping ban violations rise, Health Ministry seeks stricter implementation of e-cigarette ban  

The health ministry is considering tougher action to implement a central ban on Electronic cigarettes.

The health ministry is considering tougher action to implement a central ban on Electronic cigarettes after finding that the ban is being flouted by sellers and buyers both offline and online.

In a public notice calling for effective implementation of Prohibition of Electronic Cigarettes Act (PECA), 2019, the ministry reaffirmed the need to prevent the product from being marketed in India.

"All producers, manufacturers, importers, exporters, distributors, advertisers, transporters including couriers, social media websites, e-Commerce websites, online shopping websites, shopkeepers/retailers (are ordered) not to directly or indirectly produce or manufacture or import or export or transport or sell or distribute or store electronic cigarettes," the notice said.

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The public notice came after Health Secretary Rajesh Bhushan wrote to chief secretaries of states and Union territories in February calling for effective enforcement of the Electronic cigarette ban.

"It has been brought to our notice that these devices are still available through online stores and local vendors, which is a matter of grave concern. Special drives through random checking at school and college levels may be carried out to ensure that such products are not sold & used," he wrote in the letter.

Finance Minister Nirmala Sitharaman in 2019 introduced the ban on sale, storage, and manufacturing of E-cigarettes, saying it was aimed at protecting the young from the health hazards.

Despite the ban, E-cigarettes are easily available on certain websites and offline stores.

Why are e-cigarettes dangerous? 

Electronic cigarettes are battery-operated systems that heat a substance (in liquid or solid state), which constitutes nicotine and often other flavors, to create an aerosol for inhalation.

As a result, vapor containing nicotine is inhaled deep into the lungs, and thus into the blood.

According to Rajeev Jayadevan, former chairman of the Indian Medical Association, the difference between tobacco smoking and e-cigarettes is that the former involves the physical burning of tobacco leaves, producing tar, carbon monoxide, and numerous other potentially harmful chemicals in addition to nicotine.

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Jayadevan said the manufacturers of E-cigarettes market their product by saying it was “safer than cigarettes.”

"But the tagline cleverly does not talk about the downside. It is somewhat like saying a pistol is safer than a machine gun. Such a misleading statement might prompt a non-gun user to buy their first gun, but later move on to more lethal weapons," he added.

Weak enforcement 

Binoy Mathew, Manager of the Voluntary Health Association of India, said the ban on electronic cigarettes was introduced to protect the young from a new form of toxic addiction.

"However, its enforcement has been weak, resulting in the market being flooded with cheap and unbranded Chinese make E-cigarettes. It’s a welcome move by the Health Ministry by bringing the public notice for strict enforcement, implementation and to ensure the ban is effective," he said.

Mathew said the rampant use of E-cigarettes had been observed among young people, including school children.

"It thus appears that E-cigarette marketers have illicitly managed to achieve a foothold in the market that has not been completely redressed by the ban," he added.

Despite heavy penalties and imprisonment, E-cigarettes are reported to be widely available across a range of sources including tobacco vendors, general stores and online providers.

The public notice by the health ministry reinforces the government’s resolve “to prevent this hazardous product from being marketed in India. State governments must take similar steps to enforce the ban on E-cigarette and Heated Tobacco Products" Ranjit Singh, a Supreme Court of India advocate, said.