Is The Ban On ENDS Healthy?
Legal Era|January 2019

Is it fair for the Government, as a stakeholder in India’s largest cigarette company, to advise banning a product without even considering the views prevailing in other jurisdictions and the reasons why they have regulated and allowed sale of ENDS?

Anupam Sanghi & Abhinava Jayaswal
Is The Ban On ENDS Healthy?

The recent Advisory (dated 28.08.2018) issued by the Ministry of Health and Family Welfare to ban Electronic Nicotine Delivery System (ENDS), including e-cigarettes, in a market which is flooded with conventional tobacco cigarettes and other tobacco and nicotine-based products raises many questions on public health.

Firstly, has the government turned a blind eye towards consumption of tobacco? Nothing has been done to ban conventional cigarettes outright, whereas various state governments have already banned ENDS. Does this mean that the government considers cigarettes a healthier, more acceptable option?

Secondly, has the government fairly assessed the evidence of comparative harm of ENDS vis-à-vis conventional cigarettes as well as the consequences of banning ENDS while still permitting conventional cigarettes?

ENDS works by heating a solution of water, flavouring, propylene glycol, vegetable glycerine, and typically, nicotine to create a vapour that the user inhales. The device tends to consist of a mouthpiece, a battery-powered heating element, a cartridge or refillable tank containing the liquid solution, and an atomizer that vaporizes the solution when heated.

ENDS is becoming an increasingly popular choice amongst smokers. As seen in the classic case of UBER and other ride-sharing apps, consumer choice has always driven the market. Such disruptive products remain immensely popular even though they continue to face opposition from the traditional lobby and regulatory hurdles from the government.

ENDS does not contain tar and carbon monoxide of conventional cigarettes; these are the most harmful byproducts produced when smoking conventional cigarettes. This is a clear advantage of ENDS over conventional cigarettes. That said, some potentially harmful components are present in both products.

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