New Delhi, India

India’s health ministry issued “takedown notices” to 15 websites for allegedly advertising and selling e-cigarettes online, an illegal practice under the country’s laws.

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The ministry said at least six other websites were also under the scanner and it was closely monitoring the sale or advertisement of banned products on social media. The government is planning to issue similar notices to those websites also.

Of the 15 websites flagged, at least four of them had already ceased operations, a statement released by the health ministry said. It added that if others don’t comply with the laws, they will be forced to contact the Ministry of Electronics and Information Technology to take them down.

“Legal action will also be taken against these websites accordingly," a source was quoted as saying by CNBC TV18.

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Law on e-cigarettes in India

The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act governs the economic activities related to e-cigarettes in India. The act came into force in 2019 and prohibits the sale of such products on Indian territory.

“We have identified that information relating to online advertisement and sale of illegal e-cigarettes, which is unlawful under Section 4 of the Prohibition of Electronic Cigarettes Act is being hosted, displayed, published, transmitted and shared on your platform," the health ministry said.

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"In light of the above, and under section 79(3)(b) of the Information Technology Act, 2000 (IT Act), and in pursuance of the government notification dated November 15, 2021, the undersigned is hereby authorised to direct you to disable access and or remove any information identified in the enclosed document without vitiating the evidence in any manner," it added.

Crackdown on vendors

India’s union health ministry had directed all states and Union Territories back in February to strictly enforce the laws concerning the sale of e-cigarettes and expressed concerns that the product was still available for sale either on online platforms or with local vendors.

The health ministry officials also flagged the availability of e-cigarettes at convenience or stationery stores and near educational institutions.

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In May, the health ministry directed all producers, manufacturers, importers, exporters, distributors, advertisers, and transporters, including couriers, social media websites and online shopping websites to not produce, procure or sell e-cigarettes directly or indirectly.

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