Release stock of e-cigarettes seized from manufacturer, Bombay HC tells FDA

The petition adds that on June 25, 2019, the FDA entered and searched the registered office of the manufacturer at Lalbaug, Andheri and Vakola and seized the stocks from two warehouses. An electronic cigarette or e-cigarette is a handheld battery-powered vaporiser that simulates smoking by providing some of the behavioural aspects of smoking, including the hand-to-mouth action of smoking, but without combusting tobacco.

A division bench of Justice Ranjit More and Justice Bharati Dangre stayed the notices issued by the FDA and directed them to release the stock. It also said that no coercive action should be taken against battery-operated paperless device.

The court has further directed the central government to file its affidavit.

Senior counsel Amit Desai, representing the petitioner, pointed out the Delhi HC order which held that prima facie such products do not fall within the definition of a “drug” under the provision of Drugs and Cosmetic Act, 1940. He also told the court that an e-cigarette is a substitute for a cigarette.

On August 8, 2018, the FDA through the Ministry of Health and Family Welfare had issued an advisory to all states and union territories to ban the production, storage, sale and distribution of ENDS. The Delhi High Court on November 11, 2018 held in its order that the advisory is non-binding on the states and union territories.

Following the Delhi HC’s decision, the central government through the Ministry of Finance, issued a circular on November 27, 2018 to all the custom authorities requesting them to ensure that the advisory is implemented.