Introduction
The Prohibition of Electronic Cigarettes Act, 2019 aims to ban the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of electronic cigarettes in India. This law officially came into effect on 18th September 2019. Section 2 of the Prohibition of Electronic Cigarettes Act notes down the official definitions provided under the act.
Definitions Under The Prohibition of Electronic Cigarettes Act
The Act declares that controlling the electronic cigarette industry is essential in the public interest. Therefore, the Union Government must take charge of regulating this sector.
Under the Prohibition of Electronic Cigarettes Act, 2019, several terms are defined to ensure consistency in interpretation and enforcement. “Advertisement” refers to any visual or audio promotion through print media, electronic platforms, websites, social media, product labels, or even smoke and gas displays. An “Authorised Officer” includes any police officer of at least sub-inspector rank or any officer authorized by the Central or State Government.
“Distribution” refers to the act of sharing samples of electronic cigarettes, whether free or for payment. An “Electronic Cigarette” is any device that heats a substance, with or without nicotine or flavoring, to produce an inhalable aerosol. This includes devices like e-cigarettes, e-hookahs, and heat-not-burn products, regardless of their name or design, but excludes those regulated under the Drugs and Cosmetics Act, 1940. The term “substance” encompasses all natural or synthetic materials in solid, liquid, gas, or vapor form. “Export” refers to taking electronic cigarettes out of India, while “Import” means bringing them into the country. “Manufacture” includes the production, assembly, or any sub-process involved in making e-cigarettes or their parts. A “Notification” is an official publication in the Government Gazette.
The term “Person” is broadly defined to include individuals, firms, Hindu Undivided Families, trusts, limited liability partnerships, cooperative societies, companies, or any other legal entities. “Place” refers to any physical location, such as a house, room, vehicle, or similar space. “Production” covers the creation or assembly of electronic cigarettes and their components. Finally, “Sale” includes any transaction that transfers ownership of electronic cigarettes for cash, credit, barter, or through online platforms, including agreements to sell and promotional offers.
Conclusion
The Prohibition of Electronic Cigarettes Act, 2019 plays a vital role in protecting public health by banning the use and spread of e-cigarettes across India. By defining key terms and empowering authorities to enforce the law, the Act ensures strict control over the production, sale, and distribution of these harmful devices. This legal framework supports the government’s commitment to curb nicotine addiction, especially among youth, and promotes a healthier, smoke-free environment.
