Key Points:
·Key points of the ruling: The Lahore High Court (LHC) of Pakistan has stated that there is currently no legal basis to regulate e-cigarettes.
·Police raids have been deemed unconstitutional. Distributors who have paid taxes are operating legally.
·Government update: The cabinet is currently considering the health risks of e-cigarettes. A proposed legislation is set to incorporate industry feedback.
·Future impact: The e-cigarette industry has been granted temporary operating permits. Enforcement actions are suspended until a regulatory framework is established.
【2Firsts news flash】According to a report by 24NewsDigital on July 3rd, the Lahore High Court (LHC) of Pakistan rejected over 100 petitions questioning the crackdown on e-cigarettes and suppliers, and instructed law enforcement agencies not to take action against distributors until legislation is in place.
These petitions were submitted by e-cigarette distributors and store owners from various regions of the province, and are being heard by Judge Anwar Hussain.
Another issue emphasized by the petitioners' lawyer is that despite the stores being unlocked, the shop owners still face harassment from the police.
The assistant prosecutor informed the court during the litigation process that the government has not launched any formal enforcement actions against e-cigarette companies, nor has it taken any enforcement actions.
He also added that they are considering a legislative proposal to regulate trade and plan to solicit input from stakeholders.
A legal official revealed to the court that the federal cabinet had reviewed the health risks of e-cigarettes and discussed the importance of regulating the industry.
However, Judge Anwar Hussain questioned how authorities were enforcing the law without a legal framework.
Judge Anwar Hussain criticized the police raid operation.
"The Cabinet has already discussed it, and the inspector general has also proposed carrying out a similar targeted operation in the tribal areas like the Federally Administered Tribal Areas (FATA). How is this rational without legal basis?"
He further pointed out that the constitution guarantees the rights of trade and commerce, therefore, implementation must wait until the appropriate regulatory framework is in place.
E-cigarette distributors claim they have paid all applicable tariffs and are operating legally, but they have named the Prime Minister, Home Secretary, and CCPO as defendants.
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