In an important move towards public health, the Indian Union Cabinet recently approved the Promulgation of the Prohibition of Electronic Cigarettes Ordinance, 2019. This extensive regulation includes a ban on the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of electronic nicotine delivery systems, heat-not-burn products, e-hookahs, and similar devices. This article aims to shed light on the key aspects of this ordinance, its background, and its expected impacts.
Provisions of the Ordinance
The ordinance makes any activity related to e-cigarettes, including their production, sale, and advertisement, a cognizable offence. For the first offence, the punishment could be a fine up to Rs. 1 lakh or imprisonment up to one year, or both. Subsequent offences may invite imprisonment up to three years and a fine up to Rs. 5 lakh. Storage of e-cigarettes will also be punishable with imprisonment up to six months or a fine up to Rs 50,000 or both, while owners of existing stocks must declare and deposit their stocks at the nearest police station. The Sub-Inspector of Police is authorized to enforce the provisions of the Ordinance.
Enforcement in line with Constitutional and Policy Guidelines
This ordinance is in harmony with Article 47 of the Indian Constitution, emphasizing the State’s role to promote Public Health. It also enforces Sustainable Development Goals, National Monitoring Framework for Prevention and Control of Non-communicable Diseases, and the National Health Policy, 2017.
Background of the Ordinance
The Government had issued an advisory in 2018 urging all states to consider banning e-cigarettes. Several Indian states, including Punjab, Karnataka, Kerala, Bihar, Uttar Pradesh, Himachal Pradesh, Tamil Nadu, Maharashtra, Jharkhand, Rajasthan, and Mizoram have already implemented bans. The World Health Organisation (WHO) and the Indian Council of Medical Research (ICMR) also encourage banning e-cigarettes due to their harmful effects on the human body.
| States Banning E-Cigarettes | Year of Ban |
|---|---|
| Punjab | 2018 |
| Karnataka | 2019 |
| Kerala | 2018 |
| Bihar | 2018 |
The Lure and Risks of E-Cigarettes
E-cigarettes, commonly marketed as safer alternatives to conventional cigarettes, often entice non-smokers, especially youth and adolescents, leading to nicotine addiction and eventual use of traditional tobacco products. Despite industry promotions of e-cigarettes as smoking cessation aids, their effectiveness and safety are unproven. Apart from nicotine, e-cigarettes can be used for delivery of other psychoactive substances, adding to the potential danger.
About Electronic Nicotine Delivery Systems (ENDS)
ENDS heat a liquid solution to form an aerosol that usually contains flavourings dissolved into Propylene Glycol or/and Glycerin. These devices do not burn or use tobacco leaves, instead vaporizing a solution for inhalation. The solution’s main constituents are propylene glycol, nicotine, and flavoring agents. However, ENDS solutions and emissions also contain several toxicant chemicals.
Concerns Related to ENDS
ENDS products are not registered as nicotine replacement therapy items in India. Their nicotine content makes them addictive, posing health risks for youth, young adults, and pregnant women. Some ENDS have been found to contain potentially harmful metals and chemicals such as lead, chromium, nickel, and formaldehyde. The lack of awareness about the negative effects of nicotine and easy availability of these products make the youth susceptible to addiction.
Impact of Prohibition of E-Cigarettes
The decision to prohibit e-cigarettes aims to protect the populace, especially the younger generation, from potential addiction risks. It enhances the government’s tobacco control efforts and expects to help reduce tobacco use and its associated economic and disease burden.
National Health Policy, 2017
The National Health Policy intends to provide universal access to good quality health care services without causing financial hardship. The policy proposes free drugs, diagnostics, and essential healthcare services in public hospitals while advocating allocation of two-thirds of resources to primary care. This move to ban e-cigarettes falls in line with the goals of this policy.
