India government: no intention to revoke electronic cigarette ban

On September 29th, India ministry of finance announced that they would announce a total ban on electronic cigarettes, including production, manufacturing, import and export, transportation, sale, storage and advertising, as the United States electronic cigarette death cases continued to emerge.

However, early this morning, we received relevant information from the advocaters, saying that in addition to the Ministry of finance, the government also supported the ban on electronic cigarettes because the local government believed that the supporters of electronic cigarettes had no incentive to protest, so they did not intend to withdraw the idea of prohibiting electronic cigarettes for the time being.

After receiving the news, we made inquire about the news of the electronic cigarette shop, but local businessmen said it was not clear at the time of the government ban. Only an official disclosed to him yesterday that the government had no plan to cancel the ban on electronic cigarettes because the protest activities of the vapers were lacking in support.

This has affected the nationwide electronic cigarette users, as well as the sales plan of Juul Labs and PMI, and the government may face the litigation challenge of the tobacco giant.

According to reports, protesters yesterday called for the regulation of electronic cigarette rather than prohibition. But the organizers of the India electronic cigarette association said that only about 400 people were present in six cities, and some opponents of the ban were worried about being targeted by the police.

In the protests in the capital New Delhi, several users used electronic cigarettes. Among them sat a child, which read, “I don’t want my father to smoke”.

India government: no intention to revoke electronic cigarette ban

While the government believes that the ban is essential to protect people, because atomization can lead to nicotine addiction and may encourage users to use cigarettes, the protestors say the devices can actually help them stay away from more harmful traditional tobacco products.

The government estimates that 900 thousand people die each year from tobacco related diseases. More than 100 million adult smokers, second only to China, are a lucrative potential market for companies selling tobacco and vape products.

A India Ministry of health official said that despite protests and court challenges, the government remained resolutely abiding by the ban. “There is no room to discuss the lifting of the ban.”

In the eastern cities, the court is also facing crucial challenges, including whether it can continue to enforce the ban. A document issued by Plume Vapour, a local electronic cigarette importer, shows that if the government persists in implementing the ban, the ban will flourish tobacco industry, while electronic cigarette related enterprises will be closed down.

In an interview with Reuters, 25 year old New Delhi protestor Aryaman Chaudhary said he had stored a lot of carts and e-liquid before the ban was issued, but it would eventually run out. “I just hope that e-cigarettes are regulated products, not banned.”

On the other hand, we reported a few days ago that the government owns nearly 1/3 of the country’s large size tobacco companies, and the government basically owns all the local tobacco stocks. After the exposure of the Minister of finance, the ITC shares held by the government rose to 1800 rupees, which indirectly confirmed that the strike against the electronic cigarette industry would help.

As far as the current situation is concerned, the electronic cigarette market is not optimistic, and the local electronic cigarette enterprises may have to face a more severe and long-term struggle. As for the relevant enterprises that focus on the development of the India market, whether the ban will be introduced in the near future, we suggest related companies to get ready to avoid the impact on foreign trade caused by India policy.

The Indian government was accused of a total ban on e-cigarettes

Since the announcement on September 18 that the production, sale and import of electronic cigarettes will be completely banned, the Indian government has succumbed to lawsuits, and it is not a lawsuit, but two.

On September 26, the High Court of Calcutta in the eastern city of India heard two cases against the Indian government to issue an e-cig ban. This is the first time the Indian government got sued after banning the sale of electronic cigarettes this month.

According to a Reuters report on September 27, one of the lawsuits filed in the High Court of Calcutta was an e-cigarette importer and the other was an e-cigarette company.

The plaintiff’s lawyer, Abysek Manu Singhwei, said that the government’s ban involves legal issues and is arbitrary and excessive.

India is a developing country. At present, we don’t have much understanding of the legal environment in India. While we don’t know if this accusation will finally win, the High Court of Calcutta in the eastern Indian city is willing to handle it, which is also a huge improvement, indicating that the Indian government can’t do anything at its own will.

India’s finance minister, Sitharaman
India’s finance minister, Sitharaman

The United States is still investigating, and has not yet issued a report that proves that it is related to e-cigarettes. The information currently known is not directly related to e-cigarettes. India has come directly to make a one-size-fits-all ban: after the ban is announced, any vaping production, manufacturing, import, export, transportation, sales (including online sales), distribution, advertising (including online advertising) are all crimes.

The first violation of the ban will result in a maximum imprisonment of one year or a fine of 100,000 rupees (about $1500), or both. The recidivist is sentenced to a maximum of three years’ imprisonment and a fine of 500,000 rupees (about $7000).

The authority is too lazy to think about more. Or there should be some tobacco companies laughing loud behind the scene.

The reason for the total ban on e-cigarettes is to consider for young people, “Let our citizens, the health of our young people no longer take risks.” In fact, everyone who knows that this reason cannot withstand scrutiny and is hypocritical.

There are approximately 106 million smokers in India, and more than 900,000 people die each year from diseases associated with tobacco. If you really think about adolescents, you should regulate the development of e-cigarettes and prohibit sales to minors. If you think about smokers, you should learn from the UK, study e-cigarettes, and strongly support the development of e-cigarettes.

Related: India bans e-cigarette sales and says there’s an ‘epidemic’ of kids vaping

India’s finance minister: India will ban electronic cigarettes altogether

India’s finance minister, Sitharaman, said he would ban the production, manufacture, import and export, transport, sale, storage and advertising of electronic cigarettes in India, according to the website of New Delhi Television on September 18th.

Sitharaman said that considering the impact of e-cigarettes on people’s health, especially on the health of adolescents, a comprehensive ban on e-cigarettes would be enacted. Speaking of the hazards of electronic cigarettes, Sitaraman quoted US data as saying that the use of electronic cigarettes among school students in the United States increased by 77.8%, and surprisingly, the proportion of middle school students smoking electronic cigarettes increased by 48.5%. Currently, nearly 3 million people in the United States regularly smoke e e e-cigarettes, a nine-fold increase compared with the data from 2011 to 2016. Over 100 million smokers in India, making it the world’s second largest smoking country, and the ban on e-cigarettes is also aimed at controlling the growth of potential smokers.

Respiratory diseases caused by electronic cigarettes have increased dramatically, and related deaths are also frequently reported in the media. At present, many countries are considering banning electronic cigarettes. New York State has become the first place in the United States to issue a ban on the sale of flavored electronic cigarettes.

Battle between the 2 ministries on vape import in India

According to a memorandum issued by Reuters, India Ministry of Commerce and Industry said there was no legal basis for banning imports of electronic cigarettes by India Directorate General of Health Services, Inc42 Media reported.

In February 2019, the DGHS issued an order banning the sale, manufacture, distribution, trade, import and advertising of electronic cigarettes and vapes.

DGHS also advised states and government agencies to step up efforts to stop the sale and import of such products, warning the vapes have huge health risks.

India Ministry of Commerce and Industry objects the decision of DGHS firmly after the order was issued.

Currently, India has 120 million smokers and 1 million people die from tobacco-related diseases every year. Lack of public health care and its annual economic losses exceed 1 billion rupees ($14 billion) due to the pure health burden of smoking in the country.