Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019

Sep 19, 2019 | by Avantis RegTech Legal Research Team


The Ministry of Law and Justice on September 18, 2019, has published the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019, to prohibit the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes in the interest of public health to protect the people from harm and for matters connected therewith or incidental thereto.

Electronic cigarette means an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have, but does not include any product licensed under the Drugs and Cosmetics Act, 1940.

The main objectives of the Ordinance are:

Ø  To prohibit the production, manufacture, import, export, transport, sale, distribution, advertisement of electronic cigarettes;

Ø  Prohibits the storage of electronic cigarettes

Further, whoever produce, manufacture, import, export, transport, sale, distribute, advertise the electronic cigarettes, will be punishable with the imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees, or with both and for the second or subsequent offence, with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees.

The person who store the electronic cigarettes, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both.                  

It shall come into force at once.

[Ordinance No. 14 of 2019]


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