[Resolved]  Flipkart — e-cigarettes and e-hookahs

Address:	Mohali, Punjab, 160022
Website:	flipkart.com

This is to bring to your notice that e - cigarettes are openly being sold on your internet site, namely, flipkart.com via the link:
https://www.flipkart.com/search?q=e%20cigarettes&otracker=start&as-show=off&as=off

The most important ingredient of e - cigarettes is nicotine. Exposure to nicotine during adolescence can harm brain development. Kindly note that only nicotine preparation that is approved by the drug controller of india are nicotine (As polarcrilex) lozenges 2mg and 4 mg, nicotine as (As polarcrilex) gums 2mg and 4 mg and nicotine transdermal therapeutic patches. Selling any other nicotine product without a license is a punishable offence under drugs and cosmetics act, 1940. As per notification issued by state drug controller, punjab, letter no 16988-89 dated 5/9/2013 e - cigarettes are declared as "unapproved drug".
E - cigarettes do not emit a harmless water vapour, but an aerosol that has been found to contain at least 10 chemicals that are known to cause cancer, birth defects or other reproductive harm. It is also to bring to your notice that a health advisory was issued by commissioner food and drug administration, department of health and family welfare; punjab highlighting that e - cigarettes are not a safe product. E - cigarettes are not fda - approved cessation devices were also mentioned in the advisory.
As per drugs and cosmetics act, 1940
Section 18 (C) no person shall himself or by any other person on his behalf manufacture for sale [or for distribution], or sell, or stock or exhibit [or offer] for sale, or distribute any drug [or cosmetic], except under, and in accordance with the conditions of, a licence issued for such purpose
It shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than five thousand rupees (Section 27 (B)
This is to bring to your notice that drugs and cosmetics act is a central act applicable all over india. Already court cases have been launched in punjab, haryana and ut of chandigarh.
As per punjab poisons possession and sale rules, 2014 under the poisons act, 1919:
Rule 4: license for possession or sale.-no person shall store or sell for sale any poison specified in the schedule, unless he possesses a license in form-a, granted or renewed under these rules.
Note that as per entry 69 in the schedule - nicotine is a poison)
It is a common knowledge that e-cigarettes is being bought by children and youth of impressionable age through e commerce sites like yours. Therefore it is brought to your kind notice that selling of e-cigarettes is prohibited. So you are kindly requested to stop all sales of e - cigarettes/e-hookah for the good of all.

Gurmeet kaur, legal consultant
State tobacco control cell, punjab