A few days ago, in an appeal to e-cigarette users, the Mumbai High Court in India ordered the state authorities not to take coercive measures against the sale of vaping products.
The order of the High Court of Bombay by the judges Ranjit More et Bharati Dangre follows a suspension in March by the Delhi High Court concerning the ban on e-cigarettes that the Director General of Health Services (DGHS) has attempted to impose.
Indeed, Godfrey Philips India Ltd, a tobacco manufacturer in India has appealed to the High Court to oppose a July 6 notice issued by the Greater Mumbai (Drug Inspector) of the FDA, following a stock inspection. He asserted that the inspected stock had e-cigarettes and was therefore covered by the High Court Order of Delhi dated 18 March 2019.
Amit Desai, for its part declared that the e-cigarette was not a drug. " A medicine is used to reduce or prevent a disease. The e-cigarette replaces the cigarette. Therefore, the drug law can not apply". According to him, the stock seized by state agencies must clearly be returned.
The prosecutor Aruna Pai asked to appear until Tuesday. The court ordered the FDA " not to pursue the action by initiating the proceedings provided for in his opinion".
As a reminder, in February, the Delhi DGHS banned the sale, manufacture, distribution, trade, import and advertising of e-cigarettes. The Delhi High Court had stated that at first sight such products did not fall within the definition of "drug" within the meaning of Article 3 (b) of 1940's Law on Drugs and Cosmetics. «