GS-II: Prohibition of E-cigarettes Ordinance 2019

News

The Prohibition of E-cigarettes Ordinance 2019 is being sent to a Group of Ministers as directed by the Prime Minister’s Office.

E-cigarettes:

• An electronic cigarette (or e-cig) is a battery-powered vaporizer that mimics tobacco smoking. It works by heating up a nicotine liquid, called “juice.”
• Nicotine juice (or e-juice) comes in various flavors and nicotine levels. e-liquid is composed of five ingredients vegetable glycerin (a material used in all types of food and personal care products, like toothpaste) and propylene glycol (a solvent most commonly used in fog machines.) propylene glycol is the ingredient that produces thicker clouds of vapour.
• Proponents of e-cigs argue that the practice is healthier than traditional cigarettes because users are only inhaling water vapour and nicotine.

Why it is hard to regulate them?

As e-cigarettes contain nicotine and not tobacco, they do not fall within the ambit of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA), which mandates stringent health warnings on the packaging and advertisements of tobacco products.

The draft ordinance

• The draft ordinance was necessitated by the fact that an earlier order by the Centre asking the states to crack down against e-cigarettes could not stand judicial scrutiny.
• However, a recent order, in which the High Court threw out a petition asking for protection from an ordinance against e-cigarettes, has emboldened the Health Ministry.
• It now seeks legal backing for a ban (rather than just an advisory) in the form of an ordinance.
• The ordinance makes any violation of its provisions punishable by imprisonment of one to three years, and a fine of Rs 1-5 lakh.

Why ordinance?

• Under the Constitution, health is a state subject, so any move to ban manufacture and sale of a product on health grounds needs to come from the state government.
• In February, the Central Drugs Standards Control Organisation had written to all state drug controllers, saying they should not allow sale, online sale, manufacture, distribution, trade, import or advertisement of ENDS.
• The Delhi HC stayed the Centre’s circular banning sale and manufacture of ENDS like e-cigarettes and e-hookah with nicotine flavour, saying as the products were not a “drug”.

WHO report on e- cigarettes and effects:

• As per the report, Electronic Nicotine Delivery Systems (ENDS) (also known as e-cigarettes) emits nicotine, the addictive component of tobacco products. In addition to dependence, nicotine can have adverse effects on the development of the foetus during pregnancy and may contribute to cardiovascular disease.
• The WHO report further says that although nicotine itself is not a carcinogen, it may function as a “tumour promoter” and seems to be involved in the biology of malignant disease, as well as of neurodegeneration.
• Foetal and adolescent nicotine exposure may have long-term consequences for brain development, potentially leading to learning and anxiety disorders.
• The evidence is sufficient to warn children and adolescents, pregnant women, and women of reproductive age against ENDS use and nicotine.

Way Ahead

The government should also impose appropriate restrictions on the sale and advertisement, online and otherwise, of e-cigarettes, including proper health warnings, in order to plug the existing regulatory vacuum. This should be done with immediate effect, and simultaneously the government should also commission independent scientific research on the benefits and risks posed by these products in the Indian context.