A few days ago, in an appeal to e-cigarette users, the Bombay High Court in India ordered state authorities not to take coercive action against the sale of vaping products.
"E-CIGARETTE IS NOT A DRUG, IT REPLACES CIGARETTE!" "
The order issued by the Bombay High Court by the judges Ranjit More et Bharati Dangre follows a suspension in March by Delhi's high court over the e-cigarette ban that the Director General of Health Services (DGHS) reportedly tried to impose.
Indeed, Godfrey Philips India Ltd, a tobacco manufacturer in India has taken the High Court to oppose a July 6 notice issued by the Greater Mumbai (Drug Inspector) of the FDA, following a stock inspection. The latter claimed that the inspected stock contained e-cigarettes and that it was therefore covered by the order of the High Court of Delhi dated March 18, 2019.
Amit Desai, for his part declared that the e-cigarette was not a drug. " A drug is used to reduce or prevent disease. The e-cigarette replaces the cigarette. Therefore, the drug law cannot apply". According to him, the stock seized by state agencies must clearly be returned.
The prosecutor Aruna Pai asked to appear until Tuesday. The court thus ordered the FDA " not to continue the action by initiating the proceedings provided for in its opinion"
As a reminder, in February, the Delhi DGHS banned the sale, manufacture, distribution, trade, importation and advertising of e-cigarettes. The Delhi High Court had said that at first glance, “ such products did not fall within the definition of "drug" within the meaning of section 3 (b) of the Drugs and Cosmetics Act 1940. «
