This document summarizes the Indian government's response to a parliamentary question regarding the online sale of e-cigarettes despite the nationwide ban under the Prohibition of Electronic Cigarettes Act (PECA) of 2019. The Ministry of Commerce and Industry acknowledges the continued online availability of these products and outlines the actions taken to address the issue.
Specifically, the government enacted PECA in 2019 to prohibit the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of e-cigarettes. The Ministry of Health and Family Welfare (MoHFW) has launched a portal to report violations of PECA 2019 and the Cigarettes and Other Products Act (COTPA) 2003, related to online sales, promotion, and advertising of tobacco products and e-cigarettes on e-commerce websites, social media platforms, and other digital platforms.
When violations are reported, takedown/removal notices are issued to the concerned intermediary platform in coordination with the Ministry of Electronics and Information Technology (MeitY). MoHFW also takes suo motu action on online violations. While the document does not specify the exact number of instances where e-commerce platforms have violated the ban, it confirms that action is taken when violations are identified.
Enforcement of tobacco control laws is primarily the responsibility of individual States and Union Territories. MoHFW has periodically issued advisories to all States and UTs regarding e-cigarettes, their harmful effects, PECA 2019, and relevant provisions of COTPA 2003, directing them to strengthen the enforcement of PECA 2019 on e-commerce sites/apps. Additional information is available at https://ntcp.mohfw.gov.in/circularadvisory.
Key Entities Referenced
Prohibition of Electronic Cigarettes Act, 2019: A law enacted by the Government of India that prohibits the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of electronic cigarettes and related devices.
Ministry of Commerce and Industry: A ministry of the Government of India responsible for the promotion of industry and internal trade.
Ministry of Health Family Welfare (MoHFW): A ministry of the Government of India that launched a portal to report violations of the Prohibition of Electronic Cigarettes Act, 2019 and Cigarettes and Other Products Act, 2003.
Cigarettes and Other Products Act (COTPA), 2003: An act related to tobacco control laws in India, violations of which can be reported on the MoHFW portal.
SHRI JITIN PRASADA: Minister of State in the Ministry of Commerce and Industry.
Ministry of Electronics and Information Technology (MeitY): A ministry of the Government of India that coordinates with MoHFW in issuing takedown/removal notices to intermediary platforms.
States and Union Territories (UTs) in India: The entities primarily responsible for the enforcement of tobacco control laws, including PECA, 2019.
SHRI TANGELLA UDAY SRINIVAS: Member of Parliament who raised the question about e-cigarette regulation.
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 22ND 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.
(c) & (d): Public Health being a state subject, the primary responsibility for enforcement
of tobacco control laws is the prerogative of each State and UT 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).
The advisories include clear direction to States/UTs on strengthening the
enforcement of PECA, 2019 on e-commerce sites/apps.
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