Health ministry reports 350 violations of e-cigarette ban, black market thrives

The Union Health and Family Ministry's tobacco cell has reported 350 vape-related violations since 2022. This data highlights a small part of a larger issue, despite the ban on e-cigarettes and vapes in India under the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019.

Electronic nicotine delivery systems (ENDS), or e-cigarettes, are battery-powered devices used to vape a flavoured solution containing varying concentrations of nicotine, an addictive chemical found in tobacco products.

According to data from the ministry's tobacco cell, there were 44 violations so far this financial year, 263 in FY24, and 33 in FY23, indicating the presence of vapes in the black market. According to government data, in FY22, 48 violations were reported, with no cases in FY21.

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In 2019, a white paper published by the Indian Council of Medical Research (ICMR) had said that e-cigarettes are specifically targeted at young children, adversely affecting their cardiovascular system; impairing respiratory, immune cell function and airways in a way similar to cigarette smoking.

Mothers Against Vaping told Mint that they fear for their teenage children. "Ban on vapes is the right strategy for India. The ban should be implemented strictly, and any lobbying for its dilution should be scuttled. We need kids to enter sports and make India proud rather than succumb to new addictions and lose their future," said Deepa Malik, Paralympian, and member of Mothers Against Vaping.

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Demand for stricter measures

Doctors also warned that without stricter measures, India could face an e-cigarette epidemic similar to the US and the West, which are now banning these products. They also pointed out that e-cigarettes are available on the black market despite the ban.

Dr Raj Kumar, director, Patel Chest Institute, said: “If vape is banned in India, as per the law that should not be available. If vape has not been banned in India, it would have caused more severe damage to the health of youth.”

“India should be taking lessons from the West where vaping has become an epidemic. Claims that e-cigarettes aid cessation is a big lie, rather they are gateway devices. We need to save an entire generation from turning into smokers. Moreover, we just don’t know the long-term effects of vaping,” said Dr. Bhavna Barmi, a senior clinical psychologist.

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Meanwhile, the government has so far issued 14,795 challans under Section 6 of The Cigarettes and Other Tobacco Products Act, 2003, which prohibits the sale of cigarettes and other tobacco products to and by persons below 18 years.

According to a World Health Organization (WHO) Report, around 30 countries, including Mauritius, Australia, Singapore, Korea (Democratic People's Republic), Sri Lanka, Thailand, Brazil, Mexico, Uruguay, Bahrain, Iran, Saudi Arabia, and the United Arab Emirates, have banned ENDS.

Queries sent to the health ministry’s tobacco cell remained unanswered till press time.