Possession Of E-Cigarettes Is A Violation Of Law, Says Health Ministry

The union health ministry has asserted that the possession of e-cigarettes in any form, quantity, or manner is in direct violation of the Prohibition of Electronic Cigarettes Act (PECA), 2019.

In a clarification issued to the Ministry of Civil Aviation (MCA) last month, the health ministry called for strict enforcement of the ban on e-cigarettes, news agency PTI reported.

Although PECA does not explicitly mention the prohibition of individual e-cigarette use, the law is designed to comprehensively prohibit all aspects of these products, the ministry said. This includes production, manufacturing, import, export, transport, sale, distribution, storage, and advertisement of e-cigarettes.

“Therefore, possession of e-cigarette within the country in any quantity is not possible without contravening the provisions of PECA, 2019,” said Dr Pulkesh Kumar, deputy secretary in the Ministry of Health.

The ban under PECA 2019 extends to include all types of electronic nicotine delivery systems, heat not burn products, e-hookah, and similar devices. The legislation was enacted with the primary objective of safeguarding public health and ensuring protection from potential harm, the health ministry said.

It must be noted that e-cigarettes continue to be readily accessible through various channels, including tobacco vendors, general stores, and online retailers despite being prohibited.

Earlier in July, the health ministry sent notices to 15 websites for selling e-cigarettes. The websites were asked to immediately cease all advertisements and sales of e-cigarette.

It was then reported that six more websites were under the lens of the ministry, while it was also monitoring advertising and sale of e-cigarettes on social media platforms.

PECA came into effect in 2019.

The health ministry has raised concerns over availability of e-cigarettes in the past as well. In February this year, it wrote to all states and Union Territories highlighting concerns over the availability of e-cigarettes through local vendors.

Later in May, it also issued a notice directing producers, manufacturers, importers, exporters, distributors, advertisers, transporters, social media websites, and online shopping platforms to refrain from producing, procuring, or selling e-cigarettes directly or indirectly.