India's ban on e-cigarettes and heated tobacco under scrutiny

On December 2, 2019, the upper house of India's parliament approved a ban on e-cigarettes and heated tobacco products citing the World Health Organization's guidelines about the threat posed to young people.

Three years later, consumer advocates and experts in reducing tobacco harm state that the ban has been ineffective, as no safety checks or measures to combat the black market have been implemented, resulting in even greater harm.

According to public health expert and former director of the UK anti-smoking organization Action on Smoking and Health (ASH), Clive Bates, "From a large body of research, we know that electronic cigarettes are far less harmful than smoking and are replacing combustible tobacco. Therefore, allowing the sale of deadly cigarettes while banning electronic cigarettes is a ridiculous policy.

Bates presented information during a webinar organized by the Association of Vapers India (AVI), a non-profit consumer organization representing the interests of 270 million tobacco users in the country.

Jagannath Sarangapani, a member of the AVI that organized the event, said, "This ban has had a negative impact on over 100 million smokers in India, depriving them of their basic rights to health, choice, and a good life.

A web seminar titled "The Necessity of Developing Countries to Reduce Tobacco Harm" was held, with speakers and panel members from around the world, including Asia, Africa, and Latin America where 80% of tobacco users reside.

Every smoker is different and they need all available options to quit smoking. Taking away any one option would harm people and result in deaths," said Charles Gardner, Executive Director of INNCO, an organization made up of consumer groups from 37 countries, and former health commissioner at the U.S. embassy in India.

Peter Dator, of the Philippine consumer organization, stated that this decision could potentially reduce the country's smoking rate and could serve as a model for other developing countries. The regulation provides controlled access for adult smokers while also protecting minors. The law distinguishes between smoking and safer nicotine products.

Dr. Jasjit Ahluwalia, a public health scientist at Brown University in the United States, expressed regret about India's lack of safer nicotine alternatives. "Reducing harm is a well-established concept, but we have not accepted alternative products in tobacco control because we dislike the industry so much that we have forgotten about smokers," he said. Learning that India has banned nicotine alternatives and even research on alternative products, he feels upset. "This is tragic. Science should provide information for policy.

The main author of the "Global State of Tobacco Harm Reduction" report, Harry Shapiro, has raised doubts about the Indian government's justification for the "Protecting Youth" ban. According to Shapiro, "India's latest global youth tobacco survey data reveals that 7 million schoolchildren used cigarettes in the past 30 days, and 3,000 used e-cigarettes. Therefore, this ban is more about money and politics than public health.

Many speakers also emphasized the role played by organizations sponsored by the WHO and Bloomberg in promoting the ban of new nicotine products in developing countries. Joseph Magero, a former tobacco control advocate in Kenya, stated that the WHO's ideological approach had been unsuccessful.

History has shown us time and time again that prohibition does not work. Prohibiting alcohol has led to an illegal market. Banning these products not only fails to achieve public health goals, but instead pushes them into unregulated and uncontrollable black markets," he remarked.

Physicist and director of a consumer non-profit organization, Roberto Sussman, has expressed support for e-cigarette users in India, stating that their situation is similar to ours due to government agencies spreading misinformation about e-cigarettes. However, we must continue to push back, despite bans on sales, as there is a black market for these products and people know that e-cigarettes can be a safer alternative.

Nancy Loucas, Executive Director of CAPHRA (Coalition of Asia-Pacific Tobacco Harm Reduction Advocates), shared some positive views and said, "There is reason to be optimistic. The harm reduction movement has begun in the East and is moving westward.

Starting from New Zealand, the trend of lifting bans on e-cigarettes is spreading to the Philippines, Indonesia and Malaysia. These countries are now also studying regulatory frameworks, while Thailand is also discussing reversing its ban on e-cigarettes. However, India needs to become the litmus test for a more comprehensive global transformation. With time, we will arrive there.

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