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    • Delhi High Court stays ...

    Delhi High Court stays Centres circular banning manufacture, sale of e-cigarettes

    Medical Dialogues BureauBy Medical Dialogues BureauPublished On 2019-05-20T09:15:31+05:30  |  Updated On 2021-08-16T16:46:59+05:30

    The Centre contended that it is yet to be determined whether e-cigarettes are safer.


    New Delhi: The Delhi High Court has stayed the Centre's circular banning sale and manufacture of Electronic Nicotine Delivery Systems (ENDS) like e-cigarettes and e-hookah with nicotine flavour, saying as the products were not a "drug", the authorities did not have the jurisdiction to issue such a direction.


    Justice Vibhu Bakhru said prima facie the products do not fall within the definition of a 'drug' under the Drugs and Cosmetics Act.


    Read Also: Students appeal to PM to enforce ban on e-cigarettes







    "This court is, prima facie, of the view that the products do not fall within the definition of a 'drug', as defined under ... the Drugs and Cosmetics Act, 1940.








    "If the product in question is not a drug, respondent no.1 (Centre) would not have the jurisdiction to issue the impugned circular. In this view, the communication and the circular are stayed, till the next date of hearing (May 17)," the judge said.


    The court stayed the Health Ministry's November 27, 2018, circular asking all customs authorities to ensure that the advisory regarding manufacture and sale of ENDS, including e-Cigarettes, Heat-Not-Burn devices, Vape, e-Sheesha and e-Nicotine Flavoured Hookah, is implemented.


    Read Also: Interim Relief: Delhi High Court stays ban on e-cigarettes,Vapes,E-Sheesha till May 17, 2019

    It also put on hold a February 22 communication issued by the Delhi government's Directorate General of Health Services (DGHS) asking the state licensing authorities to ensure that ENDS are not sold, manufactured, distributed, traded, imported and advertised in their jurisdictions, except for the purpose approved under the Drugs and Cosmetics Act.


    The court sought the response of the Centre and the DGHS on a petition by e-cigarette vendors challenging the circular and the communication.


    They claimed that ENDS, including e-cigarettes, are substitutes to combustible cigarettes and they are healthier than combustible cigarettes as the use of such devices does not entail inhaling any tar, which is the product of inhaling the smoke of burnt paper along with tobacco.


    The Centre contended that it is yet to be determined whether e-cigarettes are safer.

    banning Delhi high court DGHS Directorate General of Health Services drug Drugs and Cosmetics Act e hookah e sheesha e-cigarettes e-Nicotine electronic nicotine delivery systems ends Flavoured Hookah flavoured nicotine HC stays heat not burn devices Justice Vibhu Bakhru Juul nicotine flavour nicoyine vape 
    Source : PTI

    Disclaimer: This site is primarily intended for healthcare professionals. Any content/information on this website does not replace the advice of medical and/or health professionals and should not be construed as medical/diagnostic advice/endorsement or prescription. Use of this site is subject to our terms of use, privacy policy, advertisement policy. © 2020 Minerva Medical Treatment Pvt Ltd

    Medical Dialogues Bureau
    Medical Dialogues Bureau

      Medical Dialogues Bureau consists of a team of passionate medical/scientific writers, led by doctors and healthcare researchers.  Our team efforts to bring you updated and timely news about the important happenings of the medical and healthcare sector. Our editorial team can be reached at editorial@medicaldialogues.in. Check out more about our bureau/team here

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