INDIA
The Delhi High Court has stayed the ban on e-cigarettes and other electronic nicotine delivery systems (ENDS). The ban extends to the import, manufacture, sale, and distribution of these products, including e-cigarettes, e-shisha, vaporizers, and e-hookah with nicotine flavor.
ENDS manufacturers and importers had petitioned the court challenging a customs circular on November 27, 2018, directing customs to ensure that all imports of ENDS are referred to drug control authorities and ensure the implementation of the Ministry of Health & Family Welfare advisory recommending a ban on ENDS.
They also challenged a communication dated February 22 from director general of health services requesting the state drug authorities to ensure that ENDS are not sold, manufactured, distributed, traded, imported, or advertised in their jurisdiction, except for the purpose and manner and to the extent as may be approved under the Drugs and Cosmetics Act 1940.
Justice Vibhu Bakhru said, “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”
The stay has been granted on both documents until May 17, the date of the next hearing.