Government mulling options to enforce ban on e-cigarettes, nicotine flavoured hookahs

government is mulling various options including bringing an ordinance to enforce a ban on manufacture, sale and import of ENDS devices including e-cigarettes if it fails to get a reprieve from Delhi High Court, which h earlier stayed its order to ban such products, sources said.

Banning such alternative smoking devices like e-cigarettes, heat-t-burn devices, vape and e-nicotine flavoured hookah among ors, is one of priorities of Health ministry as part of first 100 days nda of second term of Modi government.

With more than 75 days having passed, Union health ministry has swung into action wanting to implement ban on manufacture, sale, distribution and import of Electronic Nicotine Delivery Systems (ENDS).

" ministry is exploring various options including bringing an ordinance to enforce a ban on manufacture, sale and import of ENDS devices," sources said.

Ministry is also learnt to have sought a legal opinion over issue. If government bring an ordinance, it will have to replace it with a Bill in next session of Parliament. Once Parliament approves Bill, proposed ban on such products will get a legal backing.

Central Drugs Standards Control Organisation (CDSCO) h written to all state drug controllers, saying y should t allow sale, online sale, manufacture, distribution, tre, import or vertisement of ENDS.

A single-judge bench of Delhi High Court, in March this year, h granted an interim stay on Centre's circular banning sale and manufacture of ENDS, saying as products were t a "drug", authorities did t have jurisdiction to issue such a direction.

Centre appealed against order before a division bench of High court which dismissed appeal against interim stay. It furr directed government to approach single judge bench with its plea, sources said.

Centre has recently filed a counter-affidavit and an application for vacation of order before a single-judge bench of High Court which is scheduled to hear case onAugust 22, sources said.

A high-decibel debate is on globally over harm-reduction aspects of ENDS with some organisations claiming that se devices help in smoking cessation and are less harmful alternatives to tritional cigarettes, while government is seeking to ban m contending that y pose health risks to users, similar to those caused by conventional cigarettes.

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ENDS are devices that heat a solution to create an aerosol, which also frequently contains flavours, usually dissolved into propylene glycol and glycerin.

In June, Drug Technical visory Board (DTAB), government's top visory body on technical matters related to medicines in country, approved Health Ministry's proposal of classifying ENDS devices including e-cigarettes as "drugs" under Drugs and Cosmetics Act.

proposal stated that under provisions of 'drugs' in Act, any item intended to be used as an aid to help quit smoking is covered under definition of drugs.

Apex research body - Indian Council of Medical Research (ICMR) has recommended a "complete ban" on ENDS, saying ir use can initiate nicotine diction among n-smokers also.

In a white paper, ICMR said e-cigarettes versely affect cardiovascular system, impairs respiratory immune cell function and airways in a way similar to cigarette smoking and is responsible for severe respiratory diseases.

More than 3,000 users of se devices, recently, wrote to prime minister, requesting him to legalise ENDS claiming ir health has improved significantly after y switched to vaping from smoking conventional cigarettes.

voluntary association of Tre Representatives of ENDS in India (TRENDS) comprising importers, distributors, and marketers of such "alternative" smoking devicesalso has urged government to initiate a consultative process so that opinion of all stakeholders can be heard and facts placed in correct perspective.

Asserting that availability of ENDS devices is widespre in country and is posing serious health risks, health ministry said that safety aspect of se products has t been established and ir efficacy on Indian population too has t been approved under provisions of drug law.

In August last year, Union Health Ministry issued an visory to all states and Union Territories to stop manufacture, sale and import of ENDS. visory was subsequently challenged in Delhi High Court which ruled it to be n-binding on states and government bodies.

Some states, including Punjab, Karnataka, Kerala, Bihar, Uttar Presh, Himachal Presh, Tamil Nu, Maharashtra, Jharkhand, Rajasthan and Mizoram have alrey banned use and sale of e-cigarettes, vape and e-hookah.

sale of e-cigarettes is completely banned in 25 countries, including Brazil, rway and Singapore, while market authorization is required in 17 or countries.

In United States, ENDS, that are marketed for rapeutic purposes are currently regulated by USFDA and Center for Drug Evaluation and Research, ICMR white paper stated. 

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