The Indian government has intensified its efforts to combat the online sale and advertisement of electronic cigarettes (e-cigarettes), which have been banned in the country since 2019. The Union Health Ministry has issued notices to 15 websites involved in the promotion and sale of these prohibited products, instructing them to immediately cease all related activities. Failure to comply with the directive may result in legal action, including penalties under the Prohibition of Electronic Cigarettes Act and the Information Technology Act.
The health ministry’s notice to the websites highlighted the presence of unlawful information pertaining to e-cigarette advertising and sales, which violates Section 4 of the Prohibition of Electronic Cigarettes Act. It invoked Section 79(3)(b) of the Information Technology Act, authorizing the ministry to demand the removal of such content without tampering with the evidence. The notice also warned that non-compliance could be interpreted as aiding and abetting the transmission of illegal information, exposing the websites to prosecution. Out of the 15 websites targeted, four have already shut down their operations in response to the notice, while the others are yet to respond.
Should the remaining websites fail to take the necessary action, the health ministry plans to involve the Ministry of Electronics and Information Technology to initiate the takedown process. The government’s objective is to ensure strict compliance with the ban on e-cigarettes and prevent their availability through online platforms and local vendors. Earlier this year, the health ministry had expressed concerns over the availability of e-cigarettes online and at physical stores, particularly near educational institutions. In February, a letter was sent to all states and Union Territories, urging them to enforce the ban effectively.
Additionally, the ministry issued a public notice in May, calling for stricter implementation of the ban and extending the directive to producers, manufacturers, importers, exporters, distributors, advertisers, and transporters, including social media and online shopping websites. The crackdown on websites selling e-cigarettes aligns with India’s commitment to safeguard public health and protect children from the potential risks associated with these electronic devices. By taking decisive action against the online sale and promotion of e-cigarettes, the government aims to curb their accessibility and discourage their use among the population.