The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019, was enacted by the Indian government in response to growing concerns over the public health risks posed by electronic cigarettes (e-cigarettes). Prior to this legislation, e-cigarettes had gained popularity globally as alternatives to traditional tobacco products, often marketed as safer options or smoking cessation tools. However, studies highlighted their potential harm, including nicotine addiction, lung injuries, and their appeal to youth.
India's decision to ban e-cigarettes followed the recommendations of health organizations like the World Health Organization (WHO) and the Indian Council of Medical Research (ICMR), which warned about their adverse effects. The government also cited the risk of e-cigarettes serving as a gateway to tobacco use among non-smokers, particularly adolescents. The ordinance route was initially taken in September 2019, which was later replaced by this Act, passed by Parliament in December 2019 and retrospectively enforced from September 18, 2019.
The Act reflects India's stringent stance on public health protection, prioritizing prevention over the potential (but unproven) benefits of e-cigarettes as harm-reduction tools. By criminalizing their trade, India joined a small group of countries with outright bans, contrasting with nations that regulate e-cigarettes as consumer products or medical devices.
Critics argue that the ban may drive the market underground, while proponents highlight its alignment with tobacco control goals under the WHO Framework Convention on Tobacco Control (FCTC). The Act's effectiveness hinges on enforcement, given the challenges of curbing illicit trade and online sales.
The 2019 Act represents a decisive step by India to curb the rise of e-cigarettes, rooted in public health concerns and preventive policy. Its historical significance lies in its preemptive approach, setting a precedent for strict regulation of emerging nicotine products. However, ongoing vigilance is required to address enforcement hurdles and evolving market dynamics.






