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 Citing health risks, India in September banned the import,
manufacture, sale, advertisement, storage and distribution of
e-cigarettes, dashing future plans of companies such as U.S.-based
Juul Labs and Philip Morris International.
India's decision, however, did not ban the use of such devices
outright, and a senior Health Ministry official told Reuters after
the announcement that e-cigarette use would not be barred.
However, in a Nov. 5 filing in a Kolkata court, where the government
is defending two legal challenges against the ban, the ministry said
it was "completely baseless" to say only the sale and manufacture of
e-cigarettes and vaping devices was barred, and not use.
"The ordinance is aimed at banning the product. Once the import,
production, manufacture, distribution and storage of e-cigarettes is
prohibited, it is implied that the use of e-cigarettes is also
prohibited," said the court filing, which has been reviewed by
Reuters and has not been made public.
The Health Ministry official said on Monday the court document was
"factually correct", without giving further details due to the court
proceedings.
The official added the authorities would not take action against the
"personal use" of e-cigarettes.
The filing, however, has unnerved users, who argue against the ban
and say they fear police action if they continue using the devices.
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"This filing goes against the Health Ministry's announcements that
personal use is not banned," said Samrat Chowdhery of Association of
Vapers India. He added India should add a clause to its ban order to
exclude personal use.
India banned the sale of e-cigarettes as it fears they could lead to
increased nicotine addiction. Advocates for e-cigarettes say vaping
is far less harmful than smoking tobacco.
India's 106 million adult smokers, second only to China, make it an
attractive market for companies such as Juul, which had plans to
launch its device in the country.
"As Juul, an e-cigarette giant, was entering India and would flood
the Indian markets ... (the ban order) became all the more imminent
and necessary," the Health Ministry said in one of its court
filings.
(Reporting by Aditya Kalra; Editing by Euan Rocha and Alison
Williams)
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