The Union Health Ministry has clarified that possession and use of e-cigarettes and similar devices in any form, quantity, or manner is a violation of the Prohibition of Electronic Cigarette Act (PECA) 2019. The ministry issued a clarification to the Ministry of Civil Aviation (MCA) in order to reinforce the ban.
The ministry issued a public notice in May 2023 to ensure effective implementation of the law. In July 2023, the ministry sent notices to 15 websites that sell e-cigarettes, asking them to stop production and advertisement.
In a letter addressed to the chief secretaries of all states and union territories, the ministry flagged concerns over the sale of e-cigarettes at stationary stores near educational institutions. The ministry clarified that while PECA does not explicitly ban individuals from using e-cigarettes, it does prohibit the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of e-cigarettes. Therefore, procuring and using e-cigarettes within the country is a violation of the provisions of PECA, 2019, and is punishable.
The law forbids the use of all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, E-Hookah, and similar devices. The health ministry said that the law was enacted to protect public health from the harmful effects of e-cigarettes.
The law was enacted in the wake of the easy availability of e-cigarettes through tobacco vendors, general stores, and online providers. The health ministry has launched an online portal where individuals can report violations of the law. The government is concerned about the increasing use of e-cigarettes, particularly among youth.