Excelsior Correspondent
Srinagar, Oct 25: High Court today issued notice to authorities to file response on sale and usage of e-cigarettes within four weeks.
The notice has been issued in a fresh petition moved before the court by one Mushtaq Ahmed Shah seeking therein that the authorities be directed to allow the use and sale of Electronic Nicotine Delivery Systems (ENDS) or e-cigarettes, if necessary by framing necessary regulations for this purpose.
It was pleaded that a committee be constituted with expert panel to conduct a proper research/study/analysis of ENDS and thereafter formulate rules and regulations for use and sale of ENDS.
The petitioner states that the conventional cigarette smoking can easily be eradicated by making use of e-cigarettes which has less harmful effects as compared to tobacco products. The petitioner further states that to enable cigarette smokers like him to switch over to safer methods of nicotine consumption with overall objective of achieving de-addiction the usage of e-cigarettes is seen a first step. The petitioner pleads that it is his sole aim to spread awareness amongst the smokers with regard to alternatives to the use of conventional smoking.
It was informed through the petition that on 24 July, 2017 and 10 May 2018 authorities issued a circular and order barring the sale, manufacture, distribution, trade, import and advertisement of ENDS by stating that it contains chemicals like nicotine with propylene glycol as main ingredients and have adverse effect on the public health.
The order further states that nicotine is a chemical substance which has addictive nature and is poisonous to human health. Further, the order states that nicotine in food products is banned under the Food Safety Act, 2006. Lastly the circular says that ENDS are being sold illegally including the online sale without obtaining valid license from appropriate authority specified by law.
The petitioner has thrown a challenge to this circular stating that respondents have not specified under which provision of law, the order of banning ENDS was issued and has prayed in the petition that circular passed by the Government be overturned.
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