Lok Sabha Question No. 309 (UNSTARRED), answered on 2025-07-22
Subject: E-Commerce Regulation of Banned e-Cigarettes
Ministry: COMMERCE AND INDUSTRY
Asked by: Shri Tangella Uday Srinivas

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

## LOK SABHA

UNSTARRED QUESTION NO. 309.

TO BE ANSWERED ON TUESDAY, THE 22 ND  JULY, 2025.

## E-COMMERCE REGULATION OF BANNED e-CIGARETTES

## 309.   SHRI TANGELLA UDAY SRINIVAS:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state: वाणिज्य एवं उद्योग मंत्री

- (a) whether  the  Government  has  taken  cognisance  of  the  continued  online availability  and  sale  of  e-cigarettes  and  vaping  products  on  e-commerce platforms  despite  the  nationwide  ban  under  the  Prohibition  of  Electronic Cigarettes Act, 2019, if so, the details thereof;
- (b) the  number  of  instances  where  e-commerce  platforms  have  been  found violating this ban, and the action taken against such platforms;
- (c) whether any guidelines, circulars, or Standard Operating Procedures (SOPs) have been issued to online marketplaces and e-commerce platforms to prevent the listing and sale of banned products such as vapes and e-cigarettes, if so, the details thereof; and
- (d) whether  the  Government  is  considering  stricter  enforcement  or  enhanced penalties  on  digital  platforms  violating  the  provisions  of  the  Prohibition  of Electronic Cigarettes Act, 2019, and if so, the details thereof?

## ANSWER

## वाणिज्य एवं उद्योग मंत्रालय में राज्य मंत्री ( श्री णिणिन प्रसाद ) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI JITIN PRASADA)

- (a) & (b): The Government of lndia enacted the Prohibition of Electronic Cigarettes Act (PECA) in 2019, which prohibits the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes and related devices to protect youth from their harmful effects and addiction potential.

Ministry of Health & Family Welfare (MoHFW) has also launched the Portal to report violations of Prohibition of Electronic Cigarettes Act, 2019 and Cigarettes and Other Products Act (COTPA), 2003 over online medium, which is used to report  any  violations  of  online  sale,  promotion,  on  advertising  of  tobacco products and e-cigarettes on e-commerce websites, social media platforms and other digital platforms, which are prohibited under COTPA, 2003 and PECA, 2019. Once a violation is reported, appropriate action is taken by issuing take-

|            | down/removal notices to the concerned intermediary platform, hosting or controlling the said unlawful information, in coordination with Ministry of Electronics and Information Technology (MeitY). MoHFW also takes suo motu action on any instances of online violations of tobacco control laws.                                                                                                                                                    |
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| (c) & (d): | Public Health being a state subject, the primary responsibility for enforcement of tobacco control laws is the prerogative of each State andUT in India.MoHFW has periodically issued advisories to all States and UTs, informing them about electronic cigarettes and like devices, including their harmful effects, and apprising them about PECA, 2019 as well as relevant provisions of COTPA, 2003 (https://ntcp.mohfw.gov.in/circular_advisory). |

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