Could there be any semblance of light in India's grim e-cigarette regulation? A few days ago, the Delhi High Court suspended an order from the General Directorate of Health Services (DGSS) which banned e-cigarettes. In fact, the Court would at first sight be of the opinion that these products do not fall within the definition of what can be considered as “drugs”.
A NEW LIGHTING ON VAPE IN INDIA?
The New Delhi High Court has suspended an order from the General Directorate of Health Services (DGSS) banning the sale, manufacture, distribution, trade, importation and advertising of e-cigarettes.
The main defender, Sandeep Sethi who appeared presented the vaping device as not being akin to a cigarette, specifying that it has been recognized internationally as a healthier alternative to traditional smoking.
Monday, the judge Vibhu Bakhru stated that at first glance these products did not fall within the definition of "drug".
«… The Court is, at first glance, of the opinion that the products do not fall within the definition of “drug , as defined in section 3 (b) of the Drugs and Cosmetics Act 1940,Said the court.
« If the product in question is not a drug, Respondent No. 1 (DHGS) would not have the jurisdiction to issue the disputed circular. In this perspective, the communication and the disputed circular are suspended until the next hearing date. ", did he declare.
Sandeep Sethi for his part said that the use of such a device was not simply an effective alternative nicotine delivery system, but that the e-cigarette was marketed and sold universally as a tobacco substitute. According to him, these devices allow smokers to switch to safer methods of nicotine consumption without the negative impact of combustible cigarettes.
He also added that e-cigarettes do not contain or use tobacco as an ingredient to work.
«The main reason for promoting e-cigarettes is the fight against addiction to traditional smoking. The vaping device works as a nicotine patch or gum that is sold freely in markets and pharmacies “Said lawyer Vivek. Said Raja.
« Thus, the sale (including online sale), manufacture, distribution, trade, importation and advertising, among others, of vaping systems / devices are in the interest of public health" , did he declare.
Things are progressing in India and the question of a potential authorization to sell e-cigarettes will have to be studied again on May 17th.
