INDIA
The Bombay High Court has passed an interim order restraining the Food and Drug Administration (FDA) of Maharashtra from taking coercive steps against e-cigarette manufacturer Godfrey Philips India Ltd.
On 22 February 2019, the directorate general of health services under the central government had requested the state licensing authorities to ensure that electronic nicotine delivery systems (ENDS) including e-cigarettes, heat-not-burn devices, e-shisha, e-nicotine flavored hookah, etc., that enable nicotine delivery are not sold, manufactured, distributed, traded, imported and advertised in their jurisdictions, except for the purpose and in the manner and to the extent, as may be approved by the Drugs and Cosmetics Act, 1940.
On August 28 last year, the Union Ministry of Health and Family Welfare had issued an advisory urging states and union territories to ensure that ENDS are not sold, manufactured, distributed or advertised, ostensibly to prevent their usage among youth.
Following an advisory, in March this year, the Maharashtra FDA commissioner issued a direction to ban the storage, manufacture, distribution or advertisement, of e-cigarettes in the state, and last month, the FDA carried out searches in the office and storehouses of the petitioner at different places and seized their e-cigarette products.
Appearing for Godfrey, senior advocate Amit Desai referred to a Delhi High Court order passed in March this year whereby the central government’s decision to ban e-cigarettes and other electronic nicotine delivery systems in India was stayed.
Desai argued that the petitioners are entitled to similar relief, including the release of the seized e-cigarette stock and further submitted that e-cigarettes are allowed to be sold around the world and that they are considered a less harmful alternative to smoking tobacco.