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
Key Points Summary
1. Title & Commencement:
• Title: The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
• Commencement: Deemed to have come into force on 18th September, 2019 (Act No. 42 of 2019, enacted on 5th December, 2019)
2. Prohibitions: - Section 4: Prohibits production, manufacture, import, export, transport, sale, distribution, and advertisement of electronic cigarettes.
• Section 5: Prohibits storage of electronic cigarettes, with provisions for disposal of existing stocks.
3. Enforcement & Penalties:
• Section 6: Authorised officers (police/sub-inspector rank or higher, and designated government officers) can enter, search, and seize without a warrant.
• Section 7: Punishment for contravening Section 4:
• First offence: Up to 1 year imprisonment or up to ₹1 lakh fine, or both.
• Subsequent offences: Up to 3 years imprisonment and up to ₹5 lakh fine.
• Section 8: Punishment for contravening Section 5:
• Up to 6 months imprisonment or up to ₹50,000 fine, or both.
4. Jurisdiction, Trial, and Corporate Liability:
• Section 9: Trials by Court of Judicial Magistrate of the first class.
• Section 11: Corporate liability, including directors/managers, with provisions for defence if the offence was without their knowledge or despite due diligence.
5. Miscellaneous Provisions: - Section 12: Only authorised officers can file complaints.
• Section 14: Act overrides other inconsistent laws.
• Section 16: Protection for actions taken in good faith.
• Section 17: Central Government can issue orders to remove difficulties for up to two years after commencement.

Legislative History:

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

Short Title - The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019

Act Number / Year - Act No. 42 of 2019

Act ID (India Code) - 201942

Presidential Assent / Enactment Date - December 5, 2019

Enforcement Date - January 10, 2020

Nodal Ministry - Ministry of Health and Family Welfare

Precedent & Statutory Rationale

1. Safeguarding Public Health and Preventing Youth Addiction:

o Prior to 2019, the emergence and aggressive marketing of electronic cigarettes, vape pens, e-shisha, and other Electronic Nicotine Delivery Systems (ENDS) posed a severe, rapid public health threat, particularly targeting youth and adolescents by masking nicotine addiction as a safe alternative to traditional tobacco.

o Recognizing that these devices act as a gateway for nicotine addiction among non-smokers and youth, urgent preventive legislative intervention was deemed necessary to protect public health.

2. Absolute Ban Across the Supply and Distribution Chain:

o The Act was formulated to prohibit the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of electronic cigarettes in the interest of public health.

o It establishes strict penal provisions, including imprisonment and hefty financial penalties for violations relating to storage, manufacture, and commercial distribution of e-cigarettes.

Parliamentary Trajectory & Enactment

• Formulation: Initially promulgated via the Prohibition of Electronic Cigarettes Ordinance in September 2019 before being introduced and passed as a permanent statutory enactment by Parliament.

• Parliamentary Passage: Debated and passed by both houses of the Parliament of India, receiving formal presidential assent on December 5, 2019.

• Enforcement: Enforced on January 10, 2020.

Source: India Code and Ministry of Law and Justice Official Records