International Journal of Social Science & Economic Research
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Title:
E-CIGARETTES IN INDIA- REGULATION OR PROHIBITION?

Authors:
Dr. Chaitra. V

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Dr. Chaitra. V
Assistant Professor, School of Law, Christ (Deemed to be University), Hosur Road, Bengaluru - 560029

MLA 8
V, Dr. Chaitra. "E-CIGARETTES IN INDIA- REGULATION OR PROHIBITION?" Int. j. of Social Science and Economic Research, vol. 4, no. 11, Nov. 2019, pp. 6837-6843, ijsser.org/more2019.php?id=522. Accessed Nov. 2019.
APA
V, D. (2019, November). E-CIGARETTES IN INDIA- REGULATION OR PROHIBITION? Int. j. of Social Science and Economic Research, 4(11), 6837-6843. Retrieved from ijsser.org/more2019.php?id=522
Chicago
V, Dr. Chaitra. "E-CIGARETTES IN INDIA- REGULATION OR PROHIBITION?" Int. j. of Social Science and Economic Research 4, no. 11 (November 2019), 6837-6843. Accessed November, 2019. ijsser.org/more2019.php?id=522.

References

[1]. Dr. Chaitra. V, Assistant Professor, School of Law, Christ (Deemed to be University), Hosur Road, Bengaluru - 560029. Contact email id- chaitrablore@gmail.com
[2]. National Academies of Sciences, Engineering, and Medicine; Health and Medicine Division; Board on Population Health and Public Health Practice; Committee on the Review of the Health Effects of Electronic Nicotine Delivery Systems; Eaton DL, Kwan LY, Stratton K, editors. Public Health Consequences of E-Cigarettes. Washington (DC): National Academies Press (US); 2018 Jan 23. 5, Toxicology of E-Cigarette Constituents. Available from: https://www.ncbi.nlm.nih.gov/books/NBK507184/
[3]. Niharika Sharma, India's reason to ban vaping has little to do with its impact on health, Quartz India (19/09/2019) available at https://qz.com/india/1711740/indias-ban-on-vaping-has-little-to-do-with-health-impact/
[4]. India E-Cigarette Market Research Report: By Product (Cig-a-like, Vaporizer, Vape Mod, T-Vapor), Gender, Age-Group, Distribution Channel (Vape Shops, Online, Hypermarket/Supermarket, Tobacconist) - Industry Size Analysis and Growth Forecast to 2024. The report is submitted by Prescient & Strategic (P&S) Intelligence Private Limited (formerly known as P&S Market Research Private Limited) which is available at https://www.psmarketresearch.com/market-analysis/india-e-cigarette-market
[5]. The Royal Australasian College of Physicians (RACP) in their document on Policy on Electronic Cigarettes, May 2018 have made an in-depth review of the available evidence on e-cigarettes and their health implications, available at https://www.racp.edu.au/docs/default-source/advocacy-library/policy-on-electronic-cigarettes.pdf
[6]. This observation is made in the document by relying on the report on ENDS submitted by the WHO Study Group on Tobacco Product Regulation (TobReg)
[7]. They also recommended that in instances where health and/or therapeutic claims are being made or implied, quality, safety and efficacy data substantiating those claims should be presented to the appropriate national regulatory body.
[8]. The document is available at https://www.who.int/fctc/cop/cop7/FCTC_COP_7_11_EN.pdf?ua=1
[9]. Institute for Global Tobacco Control. Country Laws Regulation E-cigarettes: A policy Scan by the Global tobacco control Organization available at https://www.globaltobaccocontrol.org/e-cigarette/country-laws/view?field_policy_domains_tid%5B%5D=29&field_product_classifications_tid%5B%5D=45. The author has relied on the same to explore global regulatory approaches to e-cigarettes and used in this study.
[10]. Ibid
[11]. The UK Tobacco and Related Products Regulations 2016 implement the Tobacco Products Directive 2014/14/EU (TPD). The detailed procedure is provided at https://www.gov.uk/guidance/e-cigarettes-regulations-for-consumer-products
[12]. Ibid
[13]. Supra note 9
[14]. The report is published by Knowledge-Action-Change, a company dedicated to the promotion of harm reduction to improve health, and funded through a grant from the Foundation for a Smoke-Free World. The report is available at https://gsthr.org/countries/j-k/jp

Abstract:
The promulgation of the Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019 is a wise decision by the Government to combat the potential e-cigarette market in India which is likely to progress to strong addiction. However, the Government could have adopted appropriate regulatory controls on the approval, sale, supply, use and promotion of e-cigarette products making health claims rather than absolutely prohibiting them.