Centre has important advisory for states on e-cigarettes

The Centre government has issued an important advisory to states on e-cigarettes. The government has asked states to report on its portal information on the availability of e-cigarettes on online shopping sites and retail shops. The sale and use of electronic cigarettes in India was banned by the Union government in 2019.

The government launched the portal www.violation-reporting.in in May this year. It is aimed to help the Union Health Ministry collate information and take swift action on reported violations. “It is informed that the online violations under COTPA-2003 and PECA-2019 may be reported to www.violation-reporting.in,” the ministry said in its letter to states and Union Territories.

The ministry has directed all producers, manufacturers, importers, exporters, distributors, advertisers, transporters including couriers, social media websites, online shopping websites, shopkeepers/retailers etc. not to directly or indirectly produce or manufacture or import or export or transport or sell or distribute or store e-cigarettes, whether as a complete product or any part thereof.

There appears to be a lack of awareness about the website where anyone can report violations of the PECA and the Cigarettes and Other Tobacco Products Act-2003.

Government notice to 15 online websites for selling e-cigarettes
Earlier this month, the Union Health Ministry issued notices to 15 websites selling e-cigarettes, directing them to stop advertisement and sale of the banned products.

Six more websites are reported to be on the radar. The health ministry is also said to closely monitoring the advertisement and sale of e-cigarettes on social media and might issue notices to them as well.

“In light of the above, and under section 79(3)(b) of the Information Technology Act, 2000 (IT Act), and in pursuance of the government notification dated November 15, 2021, the undersigned is hereby authorised to direct you to disable access and or remove any information identified in the enclosed document without vitiating the evidence in any manner,” it said.

The notice further warned that failure in complying with the directive “may amount to aiding/abetting the transmission of such unlawful information or conduct of such unlawful activity, as the case may be, and you may be prosecuted for hosting such information, data, or communication links”.

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The Centre government has issued an important advisory to states on e-cigarettes. The government has asked states to report on its portal information on the availability of e-cigarettes on online shopping sites and retail shops. The sale and use of electronic cigarettes in India was banned by the Union government in 2019.

The government launched the portal www.violation-reporting.in in May this year. It is aimed to help the Union Health Ministry collate information and take swift action on reported violations. “It is informed that the online violations under COTPA-2003 and PECA-2019 may be reported to www.violation-reporting.in,” the ministry said in its letter to states and Union Territories.

The ministry has directed all producers, manufacturers, importers, exporters, distributors, advertisers, transporters including couriers, social media websites, online shopping websites, shopkeepers/retailers etc. not to directly or indirectly produce or manufacture or import or export or transport or sell or distribute or store e-cigarettes, whether as a complete product or any part thereof.

There appears to be a lack of awareness about the website where anyone can report violations of the PECA and the Cigarettes and Other Tobacco Products Act-2003.

Government notice to 15 online websites for selling e-cigarettes
Earlier this month, the Union Health Ministry issued notices to 15 websites selling e-cigarettes, directing them to stop advertisement and sale of the banned products.

Six more websites are reported to be on the radar. The health ministry is also said to closely monitoring the advertisement and sale of e-cigarettes on social media and might issue notices to them as well.

“In light of the above, and under section 79(3)(b) of the Information Technology Act, 2000 (IT Act), and in pursuance of the government notification dated November 15, 2021, the undersigned is hereby authorised to direct you to disable access and or remove any information identified in the enclosed document without vitiating the evidence in any manner,” it said.

The notice further warned that failure in complying with the directive “may amount to aiding/abetting the transmission of such unlawful information or conduct of such unlawful activity, as the case may be, and you may be prosecuted for hosting such information, data, or communication links”.

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end of article