The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
🧾 The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
📘 Detailed Explanation
1. Objective of the Act
The Act was introduced to prohibit the use and trade of electronic cigarettes (e-cigarettes) in India due to their adverse health effects, especially on youth and children. It aims to stop the emerging trend of vaping before it becomes a widespread public health issue.
2. What is an Electronic Cigarette (E-Cigarette)?
An e-cigarette is a battery-operated device that delivers nicotine, flavor, and other chemicals in the form of vapor or aerosol.
These are often marketed as alternatives to traditional cigarettes but pose significant health risks.
3. Scope of the Ban
The Act prohibits all forms of activities related to e-cigarettes:
| Prohibited Activities |
|---|
| Production |
| Manufacture |
| Import |
| Export |
| Transport |
| Sale |
| Distribution |
| Storage |
| Advertisement |
Even online sale and promotion of e-cigarettes are banned.
4. Key Definitions
Electronic Cigarette: An electronic device that heats a substance to create vapor for inhalation. Includes all forms of ENDS (Electronic Nicotine Delivery Systems).
Person: Includes individuals, companies, firms, trusts, societies, or any association.
5. Penalties Under the Act
| Offence | Punishment |
|---|---|
| First-time violation (sale, manufacture, import, etc.) | Imprisonment up to 1 year or fine up to ₹1 lakh, or both |
| Subsequent offence | Imprisonment up to 3 years and fine up to ₹5 lakh |
| Storage of e-cigarettes | Imprisonment up to 6 months or fine up to ₹50,000, or both |
6. Enforcement Authority
Authorized officers can search premises, seize e-cigarettes, and collect evidence.
Police officers not below the rank of Sub-Inspector and other designated officers are empowered to take action.
7. Surrender Provision
Individuals possessing e-cigarettes (for personal use) are allowed to voluntarily surrender them to authorities without penalty.
8. Rationale Behind the Ban
Increase in use among school and college students.
Potential to become a gateway to nicotine addiction.
Lack of evidence supporting claims that they help quit smoking.
Risk of lung diseases, heart problems, and other long-term health issues.
📋 Summary Table – Prohibition of Electronic Cigarettes Act, 2019
| Feature | Details |
|---|---|
| Full Name | The Prohibition of Electronic Cigarettes Act, 2019 |
| Effective Date | 18 September 2019 (Ordinance), passed in Parliament in November 2019 |
| Purpose | To ban all activities related to e-cigarettes due to health concerns |
| Applies To | Production, manufacture, import, export, sale, transport, storage, ads |
| Covered Products | All Electronic Nicotine Delivery Systems (ENDS) and e-cigarettes |
| First Offence (sale, etc.) | Up to 1 year jail / ₹1 lakh fine / both |
| Repeat Offence | Up to 3 years jail / ₹5 lakh fine |
| Storage Offence | Up to 6 months jail / ₹50,000 fine / both |
| Voluntary Surrender | Allowed without penalty |
| Authority for Enforcement | Police (SI or above) and designated officers |
| Online Sale/Ads | Also prohibited |
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