Dr KK Aggarwal and Advocate
Ira Gupta
On Monday i.e. 18th March,
2019, the Hon’ble High Court of Delhi has stayed the operation of the letter /
communication dated 22.02.2019 and also the circular dated 27.11.2018 of the
Central Government in a writ petition.
Vide letter / communication
dated 22.02.2019 the Central Government had requested the State Licensing
authorities to endure that Electronic Nicotine Delivery Systems (ENDS)
including e-Cigarettes, Heat Not Burn devices, Vape, e-Sheesha, e-Nicotine
flavoured Hookah and the like devices that enable nicotine delivery are not
sold, (including online sale), manufactured, distributed, traded, imported and
advertised in their jurisdictions, except for the purpose and in the manner and
to the extent, as may be approved under the Drugs and Cosmetics Act, 1940.
Vide circular dated
27.11.2018, all Customs authorities were
requested to ensure that the advisory issued by the Central Government is
implemented and all authorities are directed to ensure import consignments of
ENDS including e-Cigarettes, Heat Not Burn devices, Vape, e-Sheesha,
e-Nicotine flavoured Hookah and the like devices / products are referred to
drug control authorities.
In the said writ petition, the
petitioners had claimed that as per the DGHS, ENDS do not qualify as “Drugs”
under the Drugs and Cosmetics Act, 1940 and can’t be regulated under the said
legislation.
While staying the operation of
the aforementioned letters dated 22.02.2019 and circular dated 27.11.2018, the
Hon’ble High Court has also held that ENDS are, prima facie, not
drugs under Drugs and Cosmetics Act.
Dr KK Aggarwal
Padma Shri Awardee
President Elect Confederation of
Medical Associations in Asia and Oceania
(CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of
India
Past National President
IMA
No comments:
Post a Comment