Electronic Cigarettes Act,2019: Centre seeks stricter implementation of ban on e-cigarettes

Source: The post is based on the article “Centre seeks stricter implementation of ban on e-cigarettes” published in The Hindu on 23rd May 2023

What is the News?

The Union Health Ministry has issued a public notice for stricter implementation of the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act which came into force in 2019.

What is the Electronic Cigarettes Act, 2019?

Definition: The act defines electronic cigarettes (e-cigarettes) as electronic devices that heat a substance, which may contain nicotine and other chemicals, to create vapour for inhalation.  

– These e-cigarettes can also contain different flavours and include all forms of electronic nicotine delivery systems, heat-not-burn products, e-hookahs, and other similar devices.

Banning of e-cigarettes: The Act prohibits the production, manufacture, import, export, transport, sale, distribution and advertisement of e-cigarettes in India.  

– Any person who contravenes this provision will be punishable with imprisonment of up to one year, or a fine of up to one lakh rupees, or both.  

– For any subsequent offense, the person will be punishable with an imprisonment of up to three years, along with a fine of up to five lakh rupees.

Storage of e-cigarettes: Under the act, no person is allowed to use any place for the storage of any stock of e-cigarettes. If any person stores any stock of e-cigarettes, he will be punishable with an imprisonment of up to six months, or a fine of up to Rs 50,000 or both. 

Powers of authorized officers: If an authorized officer believes that any provision of the act has been contravened, he can search any place where trade, production, storage or advertising of e-cigarettes is being undertaken.  

– The authorized officer can seize any record or property connected to e-cigarettes found during the search. Further, he may take the person connected with the offence into custody.