In September 2019, the Indian Government passed a measure banning the production and sale of electronic cigarettes, which also includes all forms of Electronic Nicotine Delivery Systems (ENDS) such as vapes.

A recent survey conducted across six Indian states: Assam, Goa, Haryana, Uttar Pradesh, Karnataka and Telangana, as well as in the city of Delhi, found that the products can still be easily ordered online and delivered within a couple of days. And naturally, given the products are unregulated, multiple platforms and vape websites sell the products without any restrictions and age verifications. 

Moreover reported the study, vapes are still easily available at tobacco shops, where again they are sold to anyone without any age verification. These findings were presented at the National Consultation on the Enforcement of Prohibition of Electronic-Cigarettes Act 2019 — Challenges and Way Forward, which was held on February 23rd, and also shared with the Union health ministry.

Conducted by five organisations: Voluntary Health Association of India, VOICE, Nadda India, National Law School University India, Bangalore and Karnataka NO for Tobacco, the survey found that most of the vendors surveyed were not even aware that vaping products have been banned, and have been therefore selling them openly. A fact that is not so surprising given the literacy problem and lack of regulatory structure in India.

Another recent survey conducted in India, “Survey of Current & Former Smoke-Free Product Users: India,” was carried out by a research agency that specializes in global public opinion research, with the aim of gauging how the public generally feels about the use of safer nicotine alternatives.

The survey revealed that most people believe in the use of safer alternatives, with about 86% of the respondents saying that e-cigarettes and heated tobacco products are a better alternative to cigarettes. A total of 87% believe that the products should be made available to adult smokers.

However, given that in reality this it is not the case, most former smokers who had switched to vaping are now being forced back to smoking, or resorting to purchasing the products illegally.

Bangladesh follows in India’s footsteps

Meanwhile, Bangladesh is sadly following suit. A draft amendment to the local Smoking and Using of Tobacco Products (Control) Act, banning vapes and oral nicotine pouches was released in 2022. This has been recently passed and initiated.

The measure bans the production, import, export, storage, sale and transportation of e-cigarettes and their components. Violators of the new tobacco law could face imprisonment for a maximum of six months or a fine not exceeding Tk2 lakh, or both.

The amendment also includes a provision that forbids the use of any flavours or addictive chemicals in “tobacco products.” Moreover it bans the sales of the products by mobile shops and hawkers, and also tobacco sales within 100 meters of the boundaries of educational institutions, hospitals, clinics, playgrounds and children’s parks.

The Ministry of Health and Family Wealth in Bangladesh said that the goal of the new regulations is achieving a smoke-free Bangladesh by 2040. However, tobacco harm reduction experts have been highlighting that such an approach will have exactly the opposite effect than the intended one.

World Vapers Alliance joins VoV Bangladesh, a local vape advocacy group in speaking up against the ban. “It’s ironic that the health authorities in Bangladesh are not taking into account the failure of the vaping ban in its neighbouring country – India. Rather opposite – they endorse a similar prohibitionist approach, which is already predisposed to fail, cause the emergence of illicit trade and jeopardise millions of lives by pushing Vapers back to smoking.”

India’s Vape Ban is a Total Failure 

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