Govt puts out draft e-cigarette bill for public consultation

union health ministry has put out a draft e-cigarette bill for public consultation.

The ministry proposes to introduce the Prohibition of Electronic Cigarettes (Production’ Manufacture’ Import Export Sale, Distribution, Storage and Advertisement Bill 2019 in next parliament session.

On September 18, the government promulgated an ordinance that banned sale, manufacture, distribution, storage and even advertisement of e-cigarettes or any other electronic nicotine delivery systems. The online sale and advertising of these products are also banned.

“…the said Bill is placed in public domain (www.mohfw.gov.in), as part of pre legislative consultations, with a view to elicit the comments/views of public… The comments should be specific and focused on the provisions of the Bill,” read the ministry circular issued on Friday.

E-cigarettes, technically called the Electronic Nicotine Delivery Devices (ENDS), are increasingly being seen by smokers as a harm reduction device, especially among the youth, with at least 900% growth in usage between 2011 and 2016 in the US.

Apart from e-cigarettes, ENDS include heat-not-burn devices, vape, e-sheesha, and e-nicotine flavoured hookah. The ordinance proposes an imprisonment of up to 1 year and fine (or both) of Rs 1 lakh, for the first-time offenders. For repeat offenders, the term could extend up to 3 years and fine of Rs 5 lakh. Defaulting will be a cognizable offence, except for storage of the device.