Nepal High Court Rules to Lift Ban on E-cigarette Import and Sales

Key Points:

·Court ruling: The Nepal Supreme Court has ordered the government to lift restrictions on the import and sale of e-cigarettes, deeming the current ban illegal. 

·Legal dispute: The Ministry of Health had previously cited the 2015 Tobacco Product Control and Regulation Directive to prohibit e-cigarettes, but the court did not support this. 

·Economic impact: E-cigarette trade brings significant customs revenue to Nepal, surpassing 230 million rupees (approximately $1.73 million) in the 2023-2024 fiscal year. 

·Market situation: Despite government efforts to halt customs clearance, the use of e-cigarettes continues to rise. 

【2Firsts news flash】According to recent reports from Republica, the Patan High Court in Nepal has ordered the government not to impose restrictions on the import and sale of e-cigarettes. The main functions of the Patan High Court are to adjudicate civil and criminal cases. In addition, the judicial body is responsible for interpreting the constitution and enforcing it.

A panel of judges, consisting of Kabi Prasad Neupane and Hemant Rawal, has cleared the way for the import and sale of e-cigarettes in Nepal. The High Court ruled in favor of the e-cigarette traders, Vape Mandu Traders, in a lawsuit against the Ministry of Finance, Ministry of Health, Customs Department, and Department of Commerce, Supplies, and Consumer Protection, instructing the government to lift the ban.

In order to ban e-cigarettes, the National Health Education, Information and Communication Center under the Ministry of Health and Population has previously issued a notice to relevant government agencies requesting a ban on e-cigarette transactions. The government agency cited Article 28(3) of the 2015 Tobacco Products Control and Regulation Directive in the notice, requesting relevant institutions to comply with the relevant laws. This clause prohibits the production, import, sales, distribution, consumption of e-cigarettes in public places and public transportation, as well as advertising and promoting e-cigarettes through media.

Government records show that the use of e-cigarettes is on the rise in recent times. In the fiscal year 2023-2024, the Nepalese government collected over 2.3 billion rupees (approximately $1.73 million ) in customs revenue from e-cigarette transactions. According to a government notice, the customs department has ceased clearing e-cigarette imports.