The Union government has banned the production, import and sale of e-cigarettes and similar products, citing health risk to people, especially youth, and an ordinance has been issued to make it an offence, entailing jail term of up to three years as well as fine.

The decision was taken by the Union Cabinet, headed by Prime Minister Narendra Modi, on September 19.

“The Cabinet gave approval to a decision to ban e-cigarettes, which is also otherwise technically called the ENDS (electronic nicotine delivery systems). This means production, manufacturing, import, export, transport, sale, distribution and storage and advertisement related to e-cigarettes are all banned,” said Finance Minister Nirmala Sitharaman, who headed a Group of Ministers (GoM) on the issue.

First-time violators will face a jail term of up to one year and a fine of Rs 1 lakh, and for subsequent offences, a jail term of up to three years or a fine of Rs 5 lakh, or both have been prescribed, she said.

Storage of e-cigarettes shall also be punishable with an imprisonment up to six months or fine up to Rs 50,000 or both.

The owners of existing stocks of e-cigarettes on the date of commencement of the ordinance will have to declare and deposit the stocks with the nearest police station.

The government has passed an ordinance, subject to the approval of the President, and the matter will be taken up in the next Parliament session, Sitharaman said.

What are e-cigarettes?

Electronic nicotine delivery systems (ENDS) are battery-powered devices used to smoke or vape, a flavoured solution containing a varying concentration of nicotine, an addictive chemical found in cigarettes and other forms of tobacco products.

There are various types of ENDS devices like e-cigarettes, heat-not-burn devices, vape, e-sheesha and e-nicotine flavoured hookah, among others.

ENDS are manufactured in such a way to resemble traditional tobacco products like cigarettes, pipes, cigars, and common gadgets like flash drives, flashlights or pens.

There are more than 400 brands, none of which is manufactured in India and they come in more than 150 flavours.

Why is it said to be harmful?

As per a report of WHO, ENDS heat a solution to create an aerosol which frequently contains flavourants, usually dissolved into propylene glycol or glycerin.

ENDS aerosol contains nicotine, the addictive component of tobacco products. In addition to dependence, nicotine can have adverse effects on the development of the foetus during pregnancy and may contribute to cardiovascular disease.

Although nicotine itself is not a carcinogen, it may function as a tumour promoter and seems to be involved in the biology of malignant disease, as well as of neurodegeneration.

Foetal and adolescent nicotine exposure may have long-term consequences for brain development, potentially leading to learning and anxiety disorders. The evidence is sufficient to warn children and adolescents, pregnant women, and women of reproductive age against ENDS use and nicotine.

The governments of 30 countries, including Mauritius, Australia, Singapore, North Korea, Sri Lanka, Thailand, Brazil, Mexico, Uruguay, Bahrain, Iran, Saudi Arabia and the UAE, have already banned ENDS in their countries.

Why the govt decided to ban it?

The current decision has come on the back of an advisory issued by the government in 2018 to all states to consider banning e-cigarettes. Sixteen states and 1 Union territory have already banned e-cigarettes in their jurisdictions.

The Indian Council of Medical Research (ICMR), in a recent white paper on the subject, also recommended a complete ban on e-cigarettes based on currently available scientific evidence.

The WHO has also urged member countries to take appropriate steps, including prohibiting these products. These products are usually marketed as being safer alternatives for conventional cigarettes, but such notions of safety are false.

E-cigarettes are usually promoted by the industry as smoking cessation aids but their efficacy and safety as a quitting aid has not yet been established. The WHO does not endorse e-cigarettes as cessation aids.

Widespread use and unchecked proliferation of e-cigarettes and the like devices would seriously undermine and derail the government’s efforts to reduce the prevalence of tobacco use.

How did the industry react?

Trade bodies, users and other stakeholders have slammed the government’s move to ban the “alternative” smoking device through the ordinance route, alleging it was a “draconian” step taken in haste to protect the conventional cigarette industry.

They also alleged that the government was depriving people of a safer alternative to smoking.

Association of Vapers India (AVI), an organisation representing e-cigarette users, also alleged that it is a black day for 11 crore smokers in India who have been deprived of safer options.

Praveen Rikhy, convenor of TRENDS (Trade Representatives of ENDS), said the ban on e-cigarettes on basis of “selective sourcing of scientific and medical opinion” and without holding a single stakeholder meeting is nothing short of a “complete murder of democratic norms”.

“All our representations sharing best practices from other countries - 70 developed countries have allowed regulated sale of e-cigarettes - have been completely ignored,” he said.

The TRENDS, comprising importers, distributors and marketers of alternative smoking devices, said they will now initiate a formal campaign to help MPs understand the issue, clarify “misapprehensions and misinformation spread by lobby groups” and support the farmer groups which see the growth of e-cigarette sector as a global market opportunity for nicotine.

Farmers protest against move

An organisation of tobacco farmers and merchants in Gujarat urged the Centre to reconsider its decision to ban e-cigarettes. Farmers in the state will be affected severely by the ban, said the Gujarat Tobacco Growers and Merchants Association.

“Gujarat grows 80 per cent of the tobacco produced in the entire country. After the advent of e-cigarettes, which uses nicotine extracted from raw tobacco and its dust, farmers were able to sell raw tobacco at Rs 45 to 50 per kg against Rs 30 to Rs 40 few months back. Now, with this ban, the prices would once again come down to past levels, resulting in loss of income for farmers every year,” said association chief Bhikhubhai Patel.