HC quashes Centre’s advisory on e-cigarettes, allows States to frame norms

Our Bureau Mumbai | Updated on November 19, 2018 Published on November 19, 2018

An e-cigarette (file pic)


In as significant development, the Delhi High Court on Monday ruled that the Centre’s advisory to State governments and Union Territories on e-cigarettes is not binding on the State governments.

The ruling was on a petition filed by Piush Ahluwalia, a smoker, who has migrated to e-cigarettes. In his petition, he explained to the court that there was significantly lesser harm done by adopting e-cigarettes instead of the traditionally paper-rolled cigarettes (PRCs).

In August, the Central government issued an advisory asking States to ban all e-cigarettes, head-not-burn devices, e-nicotine flavoured hookah and other devices that enable nicotine delivery and ensure that they are not sold, manufactured, distributed, traded, imported and advertised in their jurisdiction for the purpose and the manner as may be approved.

Ahluwalia contended in his petition that the said advisory is in breach of his fundamental rights and deprives his discretion to use the products. The impact of such a ruling is significant because various States have been banning the use, sale and manufacture of e-cigarettes.

Justice Vibhu Bakhru in his ruling said the States can adopt measures to regulate/ ban e-cigarettes on their own without relying upon the advisory of the Centre. This comes as a huge relief for persons who want to quit PRC and migrate to e-cigarettes, said Ahluwalia.

Published on November 19, 2018
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