BackNo ban on e-cigarettes, hookahs for now as Delhi HC stays DGHS's order
Delhi HC says e-cigarettes and hookahs do not come under the purview of DGHS for it to impose such a banDelhi HC gives DGCS two weeks to file a counter affidavit to prove otherwise, next hearing on 17 May 2019
PremiumNew Delhi: The Delhi high court has put a stay on the ban of manufacture and sale of Electronic Nicotine Delivery systems (ENDS) that includes e-cigarettes and hookahs in response to a clutch of petitions filed before various state courts.
The Delhi High Court stay, issued last week, came after Central Director General of Health Services (DGHS)—in a letter dated 27 November 2018—directed states to ban e-cigarettes, hookahs and other ENDS, which are harmful to public health.
The Delhi high court last weeek gave the DGHS two weeks to file a counter affidavit to prove otherwise with the next date of hearing set for 17 May 2019.
In the 27 November letter, DGHS said: "The state licensing authorities are to ensure that ENDS including e-cigarettes, heat-not burn devices, vape, e-sheesha, e-nicotine flavoured hookah and the like devices that enable nicotine delivery are not sold (including online), manufactured, distributed, traded, imported and advertised in their jurisdictions, except for the purpose and in the manner and to the extent as may be approved under the Drugs and Cosmetics Act, 1940."
The Delhi HC in its order re-examined the definition of “drug" under Section 3 of the Drugs and Cosmetics Act, 1940, and observed that ENDS were not sold as therapeutic devices nor did they have any medicinal value and therefore do not fall under the category of drugs. Therefore, these devices do not come under the purview of DGHS for it to impose such a ban, the court said.
One of the petitioners had also said that DGHS ban affected his right of choice as a consumer to choose between e-cigarettes and paper roll cigarettes with the former being less harmful. The court, however, did not make any observation on this but put the point on record.
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