E-Cigarettes

An electronic cigarette, or e-cigarette, refers to an electronic device that heats any substance (regardless of whether it has nicotine or any flavour) to create an aerosol that can be inhaled.

E-cigarettes used to be unregulated in India till 2019. However, they were later declared illegal.

Under the law, the following is banned:

Production/manufacture of e-cigarettes

It is illegal for you to produce or manufacture e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year and/or a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Import/export/transport of e-cigarettes

It is illegal for you to export, import or transport e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019)) If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Sale/distribution of e-cigarettes

It is illegal for you to sell or distribute e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Advertisement of e-cigarettes

It is illegal for you to advertise e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Storage of e-cigarettes

You may not allow any of your property to be used for storage of e-cigarettes. If any property that you own is being used as storage of e-cigarettes, you must make a list of the stock. Thereafter, you must submit it to the nearest police station to a police officer who is at least a sub-inspector(( Section 5, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 6 months and/or a fine of up to Rs. 50,000.(( Section 8, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Read more on cigarettes and tobacco products here.