E-CIGARETTE – SCI & POLITY
News: Centre seeks stricter implementation of ban on e-cigarettes
What is in the News?
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Recently, the Union
Health Ministry has issued a public notice for stricter implementation of the
Electronic Cigarettes Act which prohibits manufacture, sale and advertisements
of electronic cigarettes.
Key takeaways from the news:
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The Prohibition of
Electronic Cigarettes (Production, Manufacture, Import, Export, Transport,
Sale, Distribution, Storage and Advertisement) Act came into force in 2019.
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The ministry has directed
all producers, manufacturers, importers, exporters, distributors, advertisers,
transporters including couriers, social media websites, online shopping
websites, shopkeepers/retailers etc. not to directly or indirectly produce or
manufacture or import or export or transport or sell or distribute or store
e-cigarettes, whether as a complete product or any part thereof.
Important Provisions of the Act:
Banning e-cigarette:
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The Act prohibits the
production, manufacture, import, export, transport, sale, distribution and
advertisement of e-cigarettes in India.
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Any person who
contravenes this provision will be punishable with imprisonment of up to one
year, or a fine of up to one lakh rupees, or both.
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For any subsequent
offence, the person will be punishable with an imprisonment of up to three years, along with a fine of up
to five lakh rupees.
Storage of e-cigarettes:
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Under the Act, no person
is allowed to use any place for the storage of any stock of e-cigarettes.
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If any person stores any
stock of e-cigarettes, he will be punishable with an imprisonment of up to six
months, or a fine of up to Rs 50,000 or both.
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The owners of existing
stocks of e-cigarettes have to declare and deposit these stocks at the nearest
office of an authorized officer.
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Such an authorized
officer may be a police officer (at least at the level of a sub-inspector), or
any other officer as notified by the central or state government.
Powers of authorized officers:
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If an authorized officer
believes that any provision of the Act has been contravened, he can search any
place where trade, production, storage or advertising of e-cigarettes is being
undertaken.
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The authorized officer
can seize any record or property connected to e-cigarettes found during the
search. Further, he may take the person
connected with the offense into custody.
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If the property or
records found during the search cannot be seized, the authorized officer can
make an order to attach such property, stocks or records.
Penalties:
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Anyone violating it will
be imprisoned for up to one year or fined up to ₹1,00,000 or both for the first
offense.
Why was the ban introduced?
1. Protecting Younger Generation:
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The ban on electronic
cigarettes was introduced to protect the younger generation from a new form of
toxic addiction.
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Exposure to nicotine
during adolescence can cause addiction and can harm the developing adolescent
brain.
2. To
Reduce other forms of Tobacco Use:
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The government is
concerned that e-cigarettes can “seriously undermine and derail the
government’s efforts to reduce the prevalence of tobacco use”.
3. Adverse Health Impacts:
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e-cigarette can impact
human health with a lot of diseases like lung and heart diseases.
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Use
of e-cigarette daily was associated with a 79% increase in heart attack
risk after other variables were taken into account.
Challenges in Implementing the Act:
1. States Non-Appointment of Authorized Officers:
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According to the
provisions of the Act, "authorized
officers" have been made responsible for the implementation of the
order in accordance with the Code of Criminal Procedure, 1973.
2. Easy Accessibility:
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Instances of devices like
e-cigarettes being sold at convenience or stationery stores and near
educational institutions have also been reported, which is resulting in easy
access by young children to such products.
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Despite heavy penalties
and imprisonment, e-cigarettes are widely available across a range of sources,
including tobacco vendors, general stores, and online providers.
3. Non-Compliance of Online Platforms:
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Authorities have still
failed to ensure effective compliance of the ban on e-cigarettes, expressing
concern that these devices are still available online and at local vendors.
4. Illicit Sales Through Flaws in the Act:
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Rampant use of
E-cigarettes has been observed among the youth, including school children.
"E-cigarette marketers have illicitly managed to achieve a foothold in the
market that has not been completely redressed by the ban.
5. Poor Enforcement of the Act:
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The Act's enforcement has
been weak, resulting in the market being flooded with cheap and unbranded
Chinese-made e-cigarettes.
6. Greenwashing:
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E-cigarettes may be
manufactured to look like traditional cigarettes and are marketed as
tobacco-free nicotine delivery devices.
WAY FORWARD:
1. Strict Implementation:
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Strengthening enforcement
mechanisms to curb the illegal sale and distribution of e-cigarettes is
essential. This involves conducting regular inspections, implementing strict
penalties for violations, and collaborating with law enforcement agencies to
crack down on the black market.
2. Effective Coordination between Centre and
States:
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The public notice issued
by the Health Ministry, raising awareness on the banned product, emboldens the
Government's strong resolve to prevent this hazardous product from being
marketed in India.
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State governments must
take similar steps to enforce the ban on e-cigarette and heated tobacco
products.
3. Awareness Promotion:
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Schools can raise
awareness of the dangers of initiating nicotine and tobacco use by providing
information resources and making their campuses tobacco-free.
4. Stringent Actions against Non-Compliance of
the Act:
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Government should
consider increasing the penalty amount and jail sentence for non-compliance of
the act.
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Other measures like
sealing the shop, canceling the licenses can be preferred.
5. Research and Surveillance:
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Invest in research to
better understand the prevalence, patterns, and health effects of e-cigarette
use in India. This data can be used to develop evidence-based policies and
interventions.
What is E- Cigarette?
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Electronic
nicotine delivery systems (ENDS) or
non-combustible tobacco products are known by many names — vapes, e-hookahs,
electronic cigarettes and e-pipes.
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Instead of burning
tobacco leaves like in traditional cigarettes, an e-cigarette, which is a
battery-operated device, produces aerosol by heating a solution containing
nicotine among other things.
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The device contains
nicotine and flavors in the form of liquid which is primarily composed of
solvents such as glycerol and/or
propylene glycol.
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The aerosol containing a
suspension of fine particles and gasses simulates cigarette smoke. Following a
puff, the aerosol is delivered to the user’s mouth and lungs and the rest is
exhaled.