Govt advisory on e-cigarette ban not binding on states: Delhi HC

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 in this 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 system, including 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.”