On July 18, Indian media reported that according to official sources, the Ministry of Health of India issued a notice to 15 websites selling e-cigarettes, asking them to stop advertising and selling e-cigarettes, because e-cigarettes are banned in India. In addition, there are six other websites that are also under surveillance, and the Ministry of Health may issue notifications to them soon.
Of the 15 sites, four have ceased operations, while the others have yet to respond, the sources said.
"If they do not respond and do not comply with the law, the Ministry of Health will send a letter to the Ministry of Electronics and Information Technology of India asking them to shut down these websites. Corresponding legal actions will also be taken against these websites." The source said.
It is understood that India's "Prohibition of Electronic Cigarettes (Production, Manufacturing, Import, Export, Transport, Sale, Distribution, Storage and Advertising) Act" came into effect in 2019.
“We have determined that information about online advertising and sale of illegal e-cigarettes was published, displayed, disseminated and shared on your platform, and that pursuant to Section 4 of the Prohibition of Vaping Law, It's against the law."
"In view of the above, and under section 79(3)(b) of the Information Technology Act 2000, pursuant to a notice from the Government dated 15 November 2021, you are hereby authorized to require you, without prejudice to evidence, to disable or Remove any information identified in the attached document," the notice said.
The notice warns that failure to comply with this instruction "may constitute aiding/abetting the dissemination of such unlawful information or engaging in such unlawful activities and, as the case may be, you may be prosecuted for providing such information, data or communication links".
In addition, the notice states that failure to take necessary measures may be punished under the Information Technology Act and/or the Prohibition of Vaping Act.
The Ministry of Health asked the online platforms to respond within 36 hours of being notified.
"Of the 15 online platforms, four have responded and shut down operations. We are still awaiting the rest of the responses or further action will be taken," the official source said.
The health ministry had written to the states and federal territories in February to ensure effective compliance with the ban on vaping, expressing concern that the devices were still being sold online and from local vendors.
In a letter to the chief secretary, Health Ministry secretary Rajesh Bushani said there were also reports of devices such as e-cigarettes being sold near convenience stores or stationery stores and educational institutions, making these products easily accessible to children.
In May, the Ministry of Health issued an announcement calling for the strict implementation of the "Prohibition of Electronic Cigarettes Law" and instructing all producers, manufacturers, importers, exporters, distributors, advertisers and transporters, including courier companies, social Media websites and online shopping websites that directly or indirectly produce, purchase or sell e-cigarettes.