Sunday, Sep 19, 2021
Outlook.com
Outlook.com

Delhi HC extends stay on circular banning e-cigarettes

Delhi HC extends stay on circular banning e-cigarettes
outlookindia.com
1970-01-01T05:30:00+0530

New Delhi, May 17 (IANS) The Delhi High Court on Friday extended its stay on the ban on a Directorate General of Health Services (DGHS) order banning the sale, manufacture, distribution, trade, import and advertisement of Electronic Nicotine Delivery Systems (ENDS) including e-cigarettes, till August 22, the next date fixed for further hearing.

Justice Vibhu Bakhru's decision came on a plea by Litejoy International Pvt Ltd challenging the DGHS' February 22 order on the matter.

On March 18, the court had stayed the order on the ban on ENDS till May 17. On Friday, it extended the stay till August 22. The court also granted more time to the Centre to file a reply to the plea.

The court also heard a bunch of petitions filed by ENDS manufacturers and importers challenging a circular dated November 27 2018.

This circular has directed to the state licensing authorities to ensure that ENDS, including e-cigarettes, Heat-not-burn devices, Vape, e-Sheesha, e-Nicotine Flavoured Hookah and similar devices that enable nicotine delivery are not sold (including online), manufactured distributed, traded, imported and advertised in their jurisdictions, "except for the purpose and in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act."

The petitioners have argued that ENDS, including e-cigarettes, are substitutes to smoking combustible cigarettes and claimed that the same are healthier than combustible cigarettes, inasmuch as the use of such devices do not entail inhaling any tar - the product of inhaling the smoke of burnt paper along with tobacco.

The petitioners argued that the prohibition seriously affects a person's right to choose a safer alternative as compared to combustible cigarettes.

On May 16, a division bench headed by Chief Justice Rajendra Menon had denied the Centre's appeal against the interim stay imposed on the ban.

The Centre argued that ENDS were akin to nicotine replacement therapy products such as nicotine patches, gums, and would, therefore, fall under the definition of a 'drug' as per the Drugs and Cosmetics Act, 1940.

In August 2018, the Health Ministry had issued an advisory to states asking them to ban sales, trade, import, manufacturing and promotion of ENDS.

In November 2018, the Central Board of Indirect Taxes and Customs (CBIC) directed customs officials to refer all ENDS import shipments to the Regional Drug Controllers to check for compliance under the Drugs and Cosmetics Act.

In February 2019, DGHS wrote to State Drug Controllers asking them to ensure that

ENDS are not sold in their jurisdiction.

--IANS

ak/bc


Disclaimer :- This story has not been edited by Outlook staff and is auto-generated from news agency feeds. Source: IANS

More from Website

Chennai Super Kings Vs Mumbai Indians, IPL 2021, Cricket Scores: Big Boys Start UAE Leg

Chennai Super Kings Vs Mumbai Indians, IPL 2021, Cricket Scores: Big Boys Start UAE Leg

The UAE leg of Indian Premier League 2021 begins with a clash between former champions Chennai Super Kings vs Mumbai Indians. Follow live updates of CSK vs MI here

Congress Plays Dalit Card in Punjab, Three-Time MLA Charanjit Singh Channi Is The New CM

Congress Plays Dalit Card in Punjab, Three-Time MLA Charanjit Singh Channi Is The New CM

Putting speculations to rest, Charanjit Singh Channi is appointed as the Chief Minister of Punjab to tap the 32 per cent Dalit voters of Punjab in the upcoming 2022 assembly elections.

Watch: Jassie Gill Shares His Experience Of Working In 'Kya Meri Sonam Gupta Bewafa Hai?'

Watch: Jassie Gill Shares His Experience Of Working In 'Kya Meri Sonam Gupta Bewafa Hai?'

Jassie Gill hums 'Baapu Zimidar,' talks about his upcoming film, toss-up between his music and acting careers and more in this fun chat with Eshita Bhargava.

More from Outlook Magazine

Crouching Tigers

Crouching Tigers

Ghee Bowman brings to light the forgotten story of an Indian force’s role in the Battle of France and their fighting withdrawal through Dunkirk. In this excerpt, individual units arrive in northern France and take their positions, awaiting the Wehrmacht onslaught.

Outlook-ICARE India’s Top Universities Rankings 2021: Top 21 Private Medical Universities

Outlook-ICARE India’s Top Universities Rankings 2021: Top 21 Private Medical Universities

Outlook's annual ranking of India’s top 21 Private Medical Universities in 2021 will help students make an informed choice.

Outlook-ICARE India’s Top Universities Rankings 2021: Top 15 Government Medical Universities

Outlook-ICARE India’s Top Universities Rankings 2021: Top 15 Government Medical Universities

Outlook's annual ranking of India’s top 15 Government Medical Universities in 2021 will help students make an informed choice.

Advertisement

Outlook Newsletters

Advertisement