Govt advisory on e-cigarette ban not binding on states: Delhi HC
NEW DELHI: The Delhi high court has held that the Centre’s advisory on banning the sale of e-cigarettes was not binding on states and Union Territories. “It would be open to the respective states and Union Territories to take an informed decision i n t his regard,” Justice Vibhu Bakhru said on Wednesday. HT accessed a copy of the order on Thursday.
On August 28, the Centre had issued an advisory to ensure that electronic nicotine delivery sys- tem, i ncluding e-cigarettes, vape, e-sheesha and similar devices that enable nicotine delivery are not sold, manufactured, distributed, traded, imported and advertised across the country.
Justice Bakhru delivered the order while dismissing a plea filed by Piush Alhuwalia, 48, a habitual smoker for 28 years who had switched over to e-cigarettes due to health problems.
In his plea, filed through advocate Adarsh Ramanujan, Alhuwalia had contended that the Centre’s advisory was violative of his fundamental rights.
The petition also highlighted a study conducted by the Executive Agency of Department of Health and Social Care, Public Health, England which indicates that e-cigarettes are 95% safer than the traditional cigarettes.
Dr Pankaj Chaturvedi, cancer surgeon at Tata Memorial Hospital, Mumbai, said, “It is shocking that a poisonous substance is being portrayed as a safer alternative to cigarettes. What is not being told is the fact that nicotine in pure form is also potentially carcinogenic. People are being misguided by manufacturers.”