E Cigarettes advisory by centre not binding on states: Delhi High Court

In as significant development today, the Delhi High Court has held that the Advisory issued by the Government of India is not binding on the states. This ruling has come on a petition of a smoker who has migrated to E-Cigarettes and in his petition he has showed to the court that there was significantly lesser harm done by adopting E-Cigarettes instead of traditionally Paper Rolled Cigarettes (PRC). The impact of such a ruling is significant because various states of the country have been banning the use, sale and manufacture of E-Cigarettes.

The ruling however leaves it free for the States to adopt measures of regulating/banning E-Cigarettes on their own without relying upon the Advisory of the Central Government. This comes as a huge relief for persons who want to quit PRC and migrate to E-Cigarettes.

Judge Name: Justice Vibhu Bakhru

Case No: Writ Petition (C) 12163 of 2018 titled Piush Ahluwalia v Union of India. Order date 14.11.2018