Section 4 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
Prohibition on production, manufacturing, import, export, transport, sale, distribution, advertisement of electronic cigarettes.
On and from the date of commencement of this Act, no person shall, directly or indirectly,--
- (i)produce or manufacture or import or export or transport or sell or distribute electronic cigarettes, whether as a complete product or any part thereof; and
- (ii)advertise electronic cigarettes or take part in any advertisement that directly or indirectly promotes the use of electronic cigarettes.
Summary
- Section 4 of this public health law bans the production, manufacture, import, export, transport, sale, and distribution of electronic cigarettes.
- The ban covers electronic cigarettes both as a complete product and as any individual part.
- It completely prohibits any advertisement of electronic cigarettes.
- It also bans any person from taking part in any advertisement that directly or indirectly promotes the use of these devices.
- These prohibitions apply directly or indirectly to any person from the date the law came into force.
Practical examples
FAQ
1. What does Section 4 of the Prohibition of Electronic Cigarettes Act, 2019 actually prohibit?
Section 4 of the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 prohibits any person from directly or indirectly producing, manufacturing, importing, exporting, transporting, selling, or distributing electronic cigarettes. It also bans advertising them or participating in any advertisement that promotes their use.
2. Does the ban under Section 4 of the e-cigarette prohibition law apply to individual parts of an electronic cigarette?
Yes, Section 4 of the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 explicitly states that the prohibition on production, manufacture, import, export, transport, sale, and distribution applies to electronic cigarettes whether as a complete product or any part thereof.
3. Can a company run a social media ad promoting the use of e-cigarettes under Section 4 of the 2019 Act?
No, Section 4 of the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 prohibits any person from advertising electronic cigarettes or taking part in any advertisement that directly or indirectly promotes their use. This ban covers electronic media, internet, websites, and social media.
Test yourself
1.Under Section 4 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, if a business only sells replaceable heating coils or cartridges for electronic cigarettes rather than selling complete devices, which of the following is correct?
2.Under Section 4 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what is the legal status of an online social media influencer who receives no money but posts content that promotes the use of electronic cigarettes?
3.Under Section 4 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, if a promotional agency distributes free samples of electronic cigarettes at a private gathering without charging any money, how does the law apply?
4.Under Section 4 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, how is an electronic device that heats a liquid to create aerosol treated if it is licensed as a therapeutic drug delivery device under the Drugs and Cosmetics Act, 1940?