Haryana Wants Ban On E-Intoxicants

Chandigarh, 3 June 2019: Haryana wants electronic nicotine delivery systems (ENDS), including e-cigarettes, heat not burn devices, e-nicotine flavoured hookah, vape and e-sheesha, to be brought under the definition of drug under the Drugs and Cosmetics Act, 1940.

The proposal was discussed by the Drugs Consultative Committee (DCC), Delhi, on June 1. Haryana proposed that nicotine and its derivatives in chemical form used in ENDS be declared as “unapproved dosage form of nicotine”. The DCC looks into technical aspects for amendments into various Acts.

“Once these are brought under the Act, these will be banned and not imported. Most e-cigarettes are made in China and hardly in India. These products are sold via online retail sites,” said Narender Ahooja Vivek, State Drug Controller, Food and Drugs Administration, Haryana.

“Once the products are banned, no one will be able to manufacture, process and serve these. We are taking action in Haryana, Punjab and Chandigarh, but there are hardly any cases in other states. Once banned across India, these products can be eliminated,” he said.

In ENDS, a solution is heated to create an aerosol which contains flavours, usually dissolved in propylene glycol. These do not burn or use tobacco leaves, but vapourise a solution to be inhaled by users.

Other constituents include flavouring agents, with or without glycerol. The solutions contain other chemicals, some of which are intoxicants.

The Punjab and Haryana High Court, on March 6, dismissed petitions to quash the order of summoning traders and manufacturers of ENDS from across Haryana.

The petitioners had contended that they dealt in hookah and molasses, which could not be treated as drugs and were not under the purview of the Act. The petitioners had contended that they had a valid licence for tobacco and were not required to have a manufacturing licence for drugs. Their contentions were dismissed.

The DCC, on July 24, 2015, held that e-cigarettes could not be regulated under the provisions of the Act. The Centre issued an advisory on ENDS on August 28 last year to prevent use by non-smokers and ensure that these were not sold, not even online.

The Central Drugs Standard Control Organisation, on February 22, wrote to all states and union territories that ENDS, not covered under the drugs Act, should not be manufactured, distributed, traded, sold, imported or advertised in areas under their jurisdiction.

The Food and Drugs Administration in the state had conducted raids, collecting samples and launched prosecution proceedings in 37 cases in court. Action taken reports had been submitted in connection with a public interest litigation of the Burning Brain Society versus Union of India and the Punjab and Haryana High Court never raised an objection.

Nicotine in its pure chemical form had been declared as poison under the Poisons Act vide a state government notification dated October 15, 2015.

About ENDS 

•         In electronic nicotine delivery systems, a solution is heated to create an aerosol which contains flavours, usually dissolved in propylene glycol. These do not burn or use tobacco leaves, but vapourise a solution to be inhaled by users. Other constituents include flavouring agents, with or without glycerol. The solutions contain other chemicals, some of which are intoxicants.

The Food and Drugs Administration has conducted raids, collected samples and launched prosecution proceedings in 37 cases. Action taken reports have been submitted and the Punjab and Haryana High Court has not raised an objection. Nicotine in its pure chemical form has been declared as poison under the Poisons Act vide a state government notification in 2015.The Tribune