Question : Sale of e-Cigarettes

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

(a) whether States/UTs have complied with the advisory issued by the Government to ensure no sale/banning the sale of e-cigarettes;

(b) if so, the details of the complaints/ reports furnished by States/UTs regarding its implementation;

(c) whether steps are being taken by the Government to ensure compliance of Cigarettes and Other Tobacco Products Act (COPTA), 2003 by States/UTs; and

(d) if so, the details thereof?

Answer given by the minister

ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND
FAMILY WELFARE
(SHRI ASHWINI KUMAR CHOUBEY)
(a) & (b): In larger public health interest and in order to prevent the initiation of Electronic Nicotine Delivery Systems (ENDS) by non- smokers and youth with special attention to vulnerable groups, Ministry of Health & Family Welfare, Government of India, has issued an Advisory to all States/Union Territories on 28th August, 2018 asking them to ensure that any Electronic Nicotine Delivery Systems (ENDS) including e-Cigarettes, Heat-Not-Burn devices, Vape, e-Sheesha, e-Nicotine Flavoured Hookah, and the like devices that enable nicotine delivery are not sold (including online sale), manufactured, distributed, traded, imported and advertised in their jurisdictions, except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder.

The State Governments of Punjab, Karnataka, Mizoram, Kerala, Jammu & Kashmir, Uttar Pradesh, Bihar, Maharashtra, Tamil Nadu, Jharkhand, Himachal Pradesh, Puducherry, Rajasthan, Meghalaya, Odisha and Nagaland have prohibited the Electronic Nicotine Delivery Systems (ENDS).
Contd……..
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No such complaints/reports received from States/UTs regarding its implementation.
(c) & (d): The enforcement of provisions of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003) and Rules made thereunder is the responsibility of the States/Union Territories.

To ensure effective implementation of the provisions under COTPA, 2003, Ministry of Health & Family Welfare launched the National Tobacco Control Programme (NTCP) in 2007- 08.

Further, for effective implementation of the provisions of COTPA, 2003, Central Government has authorized officers for various Departments under different Sections of the Act and advises States/Union Territories, from time to time, for the strict compliance of Act.
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