Business Medical Dialogues
    • facebook
    • twitter
    Login Register
    • facebook
    • twitter
    Login Register
    • Medical Dialogues
    • Speciality Dialogues
    • Education Dialogues
    • Medical Jobs
    • Medical Matrimony
    • MD Brand Connect
    Business Medical Dialogues
    • News
        • Financial Results
        • Hospitals & Diagnostics
        • IT / Health Venture
        • Implants / Devices
        • Insurance
        • Key Movement
        • Pharmaceuticals
        • Policy
        • Technology
        • pharma-news
    • blog
    LoginRegister
    Business Medical Dialogues
    LoginRegister
    • Home
    • News
      • Financial Results
      • Hospitals & Diagnostics
      • IT / Health Venture
      • Implants / Devices
      • Insurance
      • Key Movement
      • Pharmaceuticals
      • Policy
      • Technology
      • pharma-news
    • blog
    • Home
    • Editors Pick
    • Interim Relief: Delhi...

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

    Meghna A SinghaniaWritten by Meghna A Singhania Published On 2019-03-24T11:00:25+05:30  |  Updated On 16 Aug 2021 12:52 PM IST

    Delhi High Court observed that Electronic Nicotine Delivery Systems(ENDS) including e cigarettes cannot be regarded as 'drugs'.


    New Delhi: Granting interim relief, the Delhi High Court has stayed the ban on the manufacture, import, sale, advertisement, online sale and distribution of Electronic Nicotine Delivery Systems(ENDS) including e-cigarettes, e-sheesha, vape, e-hookah.

    The court has stayed the decision of imposing a ban on the same by the Director General Health Services(DGHS) till May 17.


    ENDS products are marketed as an alternative to cigarettes, as they don't have some of the harmful ingredients that go into pre-rolled cigarettes. However, the electronic devices release nicotine, which is itself contained in cigarettes, is addictive and is toxic if consumed beyond certain safe limits.


    Earlier this year, the Central Drugs Standards Control Organisation (CDSCO) had issued a letter directing all drug controllers in states and Union territories to not allow the manufacture, sale, import and advertisement of Electronic Nicotine Delivery Systems, including e-cigarettes and flavoured hookah, in their jurisdictions.


    Also Read: Central Drug Regulator directs states, UTs to ban sale, manufacture, ad of e-cigarettes


    The ban was challenged by a number of litigants who have approached the courts asking for e-cigarettes to be allowed in India, including a "housewife," a "former cigarette smoker," and two e-cigarette vendors.


    The single bench of Justice Vibhu Bakhru examined the petitions filed by manufacturers and importers of ENDS.


    The petitions challenged the ban wherein it was contended that ENDS will not come within the definition of "drugs" as per Section 3(b) of the Drugs and Cosmetics Act. They also advanced that ENDS offer a healthier substitute to tobacco-based smoking habit, as such devices do not produce, which is a product of burning of cigarette paper.


    The petitioner's argument was countered wherein the Centre submitted that ENDS were advertised as replacement therapy for tobacco addiction, and have therapeutic value so as to bring them under the definition of 'drugs'. It further submitted that health benefits of ENDS were yet to be medically established.


    However, the centre's defence was disagreed with, and the judge observed,




    "It does not appear that the devices in question are sold as therapeutic devices, or as medicines for internal or external use of human beings or animals or intended to be used for in the diagnosis of any disease. The said products do not have any medicinal value"



    Bakhru held that ENDS does not appear to be a "drug" as defined in Section 3 of the Drugs and Cosmetics Act, and thus the CDSCO may not actually be able to regulate on it. The court found that if e-cigarettes/ENDS are not medicines, then the Director General Health Services would not have the jurisdiction to the issue the circular to states. The judge further stated that the devices are not being sold as therapeutic devices with medicinal value, for the treatment of any disease.


    According to legal daily Live Law, the stay has been granted on both documents till the date of next hearing, May 17.


    Also Read: US FDA to strictly monitor sale of flavoured e-cigarettes

    ban on e cigsCDSCOCentral Drug RegulatorCentral Drugs Standards Control Organization (CDSCO)Delhi high courte cigarettes bane cigarettes indiae cigse-cigaretteselectronic nicotine delivery systemselectronic nicotine delivery systems (ENDS)healthHealth Ministryhealth newsHealth news IndiaHealthcareimport vapesIT Actmedicalnicotinestay on e-cigarettes banTobaccovapesvapes in indiavapingvaping device
    Source : with inputs

    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

    Meghna A Singhania
    Meghna A Singhania

      Meghna A Singhania is the founder and Editor-in-Chief at Medical Dialogues. An Economics graduate from Delhi University and a post graduate from London School of Economics and Political Science, her key research interest lies in health economics, and policy making in health and medical sector in the country. She can be contacted at editorial@medicaldialogues.in. Contact no. 011-43720751

      Show Full Article
      Next Story
      Similar Posts
      NO DATA FOUND

      Popular Stories

      • Email: info@medicaldialogues.in
      • Phone: 011 - 4372 0751

      Website Last Updated On : 13 Oct 2022 5:14 AM GMT
      Company
      • About Us
      • Contact Us
      • Our Team
      • Reach our Editor
      • Feedback
      • Submit Article
      Ads & Legal
      • Advertise
      • Advertise Policy
      • Terms and Conditions
      • Privacy Policy
      • Editorial Policy
      • Comments Policy
      • Disclamier
      Medical Dialogues is health news portal designed to update medical and healthcare professionals but does not limit/block other interested parties from accessing our general health content. The health content on Medical Dialogues and its subdomains is created and/or edited by our expert team, that includes doctors, healthcare researchers and scientific writers, who review all medical information to keep them in line with the latest evidence-based medical information and accepted health guidelines by established medical organisations of the world.

      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. You can check out disclaimers here. © 2025 Minerva Medical Treatment Pvt Ltd

      © 2025 - Medical Dialogues. All Rights Reserved.
      Powered By: Hocalwire
      X
      We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok