India's recent ban on e-cigarettes: A hasty decision?

In 2019, the Indian government implemented the "2019 Prohibition of Electronic Cigarettes Act," which banned the production, import, export, transportation, sale, or advertisement of e-cigarettes, considered as an alternative smoking device. These products are sold globally and are subject to appropriate regulatory controls, serving as a viable and less harmful option for consumers compared to other legally available tobacco products in India. Why was this irrational ban hurriedly imposed? Why does this discriminatory measure restrict consumers' basic right to make informed choices and not include e-cigarettes on the list of existing tobacco products? We must pose these questions to legislators because this unjustified ban is not only arbitrary but also unfair to citizens.

The government's concern is justified as they have been implementing anti-tobacco measures relentlessly in line with the regulations set forth in the 2003 COTPA and the first global health treaty, the Framework Convention on Tobacco Control (FCTC), by introducing warning labels and educating people. One of the main concerns of the government is that alternative products are becoming a gateway for young people and will only lead to another form of addiction.

However, on the contrary, it has been observed that unreasonable bans encourage the acquisition of unsafe products and allow young people and legal consumers to use non-compliant products in an unregulated manner. The serious issue is that the government has lost all forms of control over these underground products. There are many reports indicating that India is selling unqualified and potentially dangerous products on the black market.

It has been observed that most countries have classified all such "substitutes" as products with less harm under regulatory supervision and "suitable for protecting public health". The recent development is in the Philippines, where the country's policy towards such products has made a 180-degree shift.

In the Philippines, the sale of such products is allowed but not regulated. E-cigarettes are classified as "health-related devices" and require medical approval from the FDA for regulation. However, due to the strict regulations imposed by agencies such as the Food and Drug Administration, obtaining the necessary license application has many limitations. If such products are not restricted from use by minors, they cannot be regulated as consumer goods. Therefore, some suggest that they be regulated similarly to tobacco products. Additionally, organizations such as the UK Public Health Department and the British Lung Foundation emphasize the importance of regulating e-cigarettes in a manner different from traditional cigarettes. Furthermore, the medical community acknowledges that widespread use of such alternative products can be a component of reducing harm.

The Philippines has established a comprehensive regulatory framework for the import, manufacture, sale, promotion, distribution, use, and dissemination of electronic cigarette products, including e-cigarettes and heated tobacco products. This framework reflects the principle of proportionate risk regulation. For example, it has established different health warnings for non-combustible products compared to cigarettes. The Department of Trade and Industry has been tasked with collaborating with the FDA to develop technical standards for the safety, consistency, and quality of electronic cigarette products. The DTI has also been authorized to regulate the devices for nicotine and non-nicotine-containing products, as well as new tobacco products made from tobacco or containing nicotine.

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