Introduction
The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 officially came into effect on September 18, 2019. From this date, the law completely bans the use of electronic cigarettes in India.
What Is Prohibited Under The Prohibition of Electronic Cigarettes Act?
Under this Act, no person is allowed to produce, manufacture, import, export, transport, sell, or distribute e-cigarettes. The prohibition applies to both complete devices and their components. The Act also bans all forms of advertisements promoting electronic cigarettes. This includes direct and indirect advertising across all platforms.
The law aims to protect public health by stopping the spread and promotion of e-cigarettes, especially among youth.
How Can Authorities Detect Breaches Of Section 4?
Authorities detect breaches of Section 4 of the Prohibition of Electronic Cigarettes Act, 2019 through multiple proactive and reactive methods.
They conduct regular inspections of shops, warehouses, transport routes, and storage facilities to check for banned e-cigarette activities. Law enforcement officials monitor both physical and digital spaces for illegal production, sale, or advertisement.
Public complaints and whistleblower reports help trigger targeted investigations. Authorities also monitor online platforms, including e-commerce websites and social media, to identify illegal sales or promotions.
Customs, postal, and courier services coordinate with enforcement agencies to track and intercept banned imports and exports. Designated officers within government departments may carry out internal audits and report non-compliance. However, the success of such audits depends on statutory authority and proper enforcement.
Government ministries collect compliance data to track violations and identify trends. These combined efforts help detect violations of Section 4 effectively.
Delhi Smuggling Case & Bail Order (October 2024)
A man was apprehended by Customs in New Delhi for smuggling e-cigarettes, a direct violation of Section 4, which prohibits import of such devices. In October 2024, the Additional Chief Judicial Magistrate granted bail, underscoring the principle: “bail is the rule, jail the exception.” The court noted that since the contraband was already seized, further custody was unnecessary.
Conclusion
In conclusion, enforcing Section 4 of the Prohibition of Electronic Cigarettes Act, 2019 requires a coordinated approach. Authorities rely on inspections, digital monitoring, public complaints, and interagency support to detect violations. Strengthening internal audits and ensuring proper statutory backing can further improve compliance. Proactive enforcement and vigilant reporting remain key to curbing the illegal use and distribution of e-cigarettes in India.
