Pharma & Dispute Resolution Hotline: Prohibition of E-Cigarettes: Final Nail in the Coffin?
Posted by By nishithadmin at 20 September, at 15 : 29 PM Print
Warning: count(): Parameter must be an array or an object that implements Countable in /web/qlc/nishith.tv/htdocs/wp-content/themes/Video/single_blog.php on line 46
Warning: count(): Parameter must be an array or an object that implements Countable in /web/qlc/nishith.tv/htdocs/wp-content/themes/Video/single_blog.php on line 52
PROHIBITION OF E-CIGARETTES: END OF ENDS?
The President of India has promulgated an ordinance on Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019 after the same was approved by the Union Cabinet (“Ordinance”).1 On the other hand, the categorisation of Electronic Nicotine Delivery Systems (“ENDS”) as ‘drugs’ under the Drugs and Cosmetics Act, 1940 (“D&C Act”) remains an issue yet to be decided upon by various High Courts in India.
From a legal standpoint, ENDS find themselves in a regulatory limbo worldwide. Regulation varies across countries and even states, ranging from no regulation at all to blanket bans. In India, the regulatory status of ENDS has been in question since 2015, with regulators having taken opposing stands on the topic over time. An order by the High Court of Delhi2 in March 2019, staying a communication (“Communication”) issued by the Director General of Health Services (“DGHS”)3 and a circular issued by Central Board of Indirect Taxes and Customs (“Circular”)4, banning ENDS, had previously brought the issue to the forefront.
Please find a detailed analysis on ENDS here.
1 Available at: < http://egazette.nic.in/WriteReadData/2019/212582.pdf.> last accessed on September 19, 2019.
2 M/S Focus Brands Trading (India) Private Limited v. Directorate General of Health Services and Ors: W.P.(C) 2688/2019, Order dated 18.03.2019.
3 Communication of the Director General of Health Services dated February 22, 2019.
4 Central Board of Indirect Taxes and Customs, Circular dated November 27, 2019 available at < http://www.cbic.gov.in/resources//htdocs-cbec/customs/cs-circulars/cs-circulars-2018/Circular-46-2018 Customs.pdf > last accessed September 18, 2019.
AsiaLaw Asia-Pacific Guide 2020: Ranked ‘Outstanding’ for TMT, Labour & Employment, Private Equity, Regulatory and Tax
FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)
RSG-Financial Times: India’s Most Innovative Law Firm
2019, 2017, 2016, 2015, 2014
Chambers and Partners Asia Pacific: Band 1 for Employment, Lifesciences, Tax and TMT
2019, 2018, 2017, 2016, 2015
Benchmark Litigation Asia-Pacific: Tier 1 for Government & Regulatory and Tax
2019, 2018
IFLR1000: Tier 1 for Private Equity and Project Development: Telecommunications Networks.
2019, 2018, 2017, 2014
Legal500: Tier 1 for Dispute, Tax, Investment Funds, Labour & Employment, TMT and Corporate M&A
2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012
Who’s Who Legal 2019:
Nishith Desai, Corporate Tax and Private Funds – Thought Leader
Vikram Shroff, HR and Employment Law- Global Thought Leader
Vaibhav Parikh, Data Practices – Thought Leader (India)
Dr. Milind Antani, Pharma & Healthcare – only Indian Lawyer to be recognized for ‘Life sciences – Regulatory,’ for 5 years consecutively
Merger Market 2018:Fastest growing M&A Law Firm in India
Asia Mena Counsel’s In-House Community Firms Survey 2018:The only Indian Firm recognized for Life Sciences
IFLR: Indian Firm of the Year
2013, 2012, 2011, 2010
IDEX Legal Awards 2015: Nishith Desai Associates won the “M&A Deal of the year”, “Best Dispute Management lawyer”, “Best Use of Innovation and Technology in a law firm” and “Best Dispute Management Firm”
DISCLAIMER
The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.
