Health Ministry Crackdown on E-Cigarette Sales: Notices Issued to Websites, Social Media Under Scrutiny

The Union Health Ministry has taken stringent action against the sale of e-cigarettes by sending notices to 15 websites engaged in advertising and selling these products, which are banned in India. Additionally, six more websites are under observation, and the ministry is closely monitoring the promotion and distribution of e-cigarettes on social media platforms, signaling potential forthcoming notices to them.

Takedown Notices and Legal Measures

According to official sources, notices have been dispatched to the 15 identified websites, instructing them to cease the advertisement and sale of e-cigarettes in compliance with the Prohibition of Electronic Cigarettes Act enacted in 2019. While four of these websites have ceased operations in response to the notices, the remaining entities are yet to respond. Failure to adhere to the directives may result in legal action, including prosecution and penalties under relevant laws.

Regulatory Authority and Warning

The notices, issued under Section 79(3)(b) of the Information Technology Act, authorize the disabling of access to any unlawful information related to e-cigarettes on these platforms. The ministry warns of severe consequences for non-compliance, stressing that hosting such unlawful content may lead to legal repercussions under the IT Act and the Prohibition of Electronic Cigarettes Act. Online entities have been granted a 36-hour window to respond to the notices.

Ongoing Enforcement Efforts

The health ministry’s crackdown on e-cigarette sales extends beyond online platforms. Earlier directives urged all states and Union Territories to ensure strict compliance with the ban on e-cigarettes, expressing concerns over their availability in physical stores, particularly near educational institutions. Instances of e-cigarettes being sold in violation of the ban prompted the ministry to intensify enforcement measures and issue public notices to reinforce regulatory compliance.

Stringent Implementation Measures

In May, the health ministry issued a public notice emphasizing the need for stringent implementation of the Act, targeting all stakeholders involved in the production, distribution, and promotion of e-cigarettes. This directive extends to producers, manufacturers, importers, exporters, distributors, advertisers, transporters, as well as social media and online shopping websites.

Future Course of Action

With several online entities yet to respond to the notices, the health ministry remains poised to take further action to ensure compliance with the ban on e-cigarettes. The crackdown underscores the government’s commitment to curbing the proliferation of e-cigarettes and safeguarding public health, especially among youth and vulnerable populations.

The health ministry’s proactive measures demonstrate a firm stance against the promotion and sale of e-cigarettes, emphasizing regulatory enforcement and public health protection as paramount objectives.