Prohibition of E-cigarettes Ordinance 2019

Context

  • The Prohibition of E-cigarettes Ordinance 2019 is being sent to a Group of Ministers as directed by the Prime Minister’s Office.

What are e-cigarettes?

  • An e-cigarette, short for electronic cigarette, is a battery-operated device.
  • One of a large variety of Electronic Nicotine Delivery Systems (ENDS), an e-cigarette emits vaporized nicotine, or non-nicotine solutions.
  • The user inhales it looking for a sensation similar to inhaling tobacco smoke, but without the smoke.
  • The pros and cons of e-cigarettes are hotly debated, with the industry refuting scientific evidence about the product being harmful, and users urging the government to legalize it.
  • India’s market for e-cigarettes, while nascent today, is projected to grow annually at more than 25 per cent in the next five years.

The draft ordinance

  • The draft ordinance was necessitated by the fact that an earlier order by the Centre asking the states to crack down against e-cigarettes could not stand judicial scrutiny.
  • However, a recent order, in which the High Court threw out a petition asking for protection from an ordinance against e-cigarettes, has emboldened the Health Ministry.
  • It now seeks legal backing for a ban (rather than just an advisory) in the form of an ordinance.
  • The ordinance makes any violation of its provisions punishable by imprisonment of one to three years, and a fine of Rs 1-5 lakh.
  • Some states have already banned use and sale of e-cigarettes, vape and e-hookah.

Why ordinance?

  • Under the Constitution, health is a state subject, so any move to ban manufacture and sale of a product on health grounds needs to come from the state government.
  • In February, the Central Drugs Standards Control Organisation had written to all state drug controllers, saying they should not allow sale, online sale, manufacture, distribution, trade, import or advertisement of ENDS.
  • The Delhi HC stayed the Centre’s circular banning sale and manufacture of ENDS like e-cigarettes and e-hookah with nicotine flavour, saying as the products were not a “drug”.

Impact on use of ENDS or e-cigarettes

  • The use of ENDS or e-cigarettes adversely affects almost all the human body systems with impact across the life course, from the womb to tomb.
  • The cartridges used in ENDS or e-cigarettes are filled with liquid nicotine, flavouring agents and other chemicals.
  • A typical cartridge contains about as much nicotine as a pack of 20 regular cigarettes and can act as a potential source for nicotine addiction.
  • Studies on these nicotine solvents had shown a varied degree of release of potential carcinogens depending on the battery output voltage.
  • The liquid-vaporizing solutions also contain toxic chemicals and metals that have been demonstrated to be responsible for several adverse health effects, including cancers and diseases of the heart, lungs and brain.

Source:IE