March 20, 2019:
A circular issued by customs on November 27, which allowed the Authorities to ensure that all import consignments of ENDS.
Justice Vibhu Bakhru of Delhi High Court has stayed the ban on import, manufacture, sale and distribution of Electronic Nicotine Delivery Systems(ENDS) like e-cigarettes, e-sheesha, vape, e-hookah with nicotine flavour etc.
The single bench ordered the stay in a bunch of petitions moved by manufacturers and importers of Electronic Nicotine Delivery Systems also termed as ENDS.
The bunch of petitions challenged a circular issued by customs on November 27, which allowed the Authorities to ensure that all import consignments of ENDS are referred to drug control authorities and ensure implementation of the Ministry of Health & Family Welfare advisory to states recommending ban on ENDS.
Petitions also challenged a communication dated February 22 from Director General of Health Services requesting the state drug authorities to ensure that ENDS are not sold, manufactured, distributed, traded, imported or advertised in their jurisdiction, except for the purpose and manner and to the extent as may be approved under the Drugs and Cosmetics Act 1940.
It was contended that ENDS will not come within the definition of "drugs" as per Section 3(b) of the Drugs and Cosmetics Act, 1940. They also advanced that ENDS offer a healthier substitute to tobacco-based smoking habit, as such devices do not produce, which is a product of burning of cigarette paper.
Justice Bakhru observed that it does not appear to him that the devices in question are sold as therapeutic devices, or as medicines for internal or external use of human beings or animals or intended to be used for in the diagnosis of any disease. The said products do not have any medicinal value.
The Bench also found that if e-cigarettes/ENDS are not drugs, then the DGHS would not have the jurisdiction to the issue the circular to states and it posted the matter on May 17.
Delhi High Court Order Which Stays Ban of E- Cigarettes 2019 (Downloadable PDF)
Delhi High Court Order Whic... by on Scribd
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