Last updated: December 5, 2023
Key Terms
Heated Tobacco Product
related litigation
“Heat Not Burn Products” are included in the definition of “electronic cigarettes” and “heated tobacco products” are considered “Heat Not Burn Products.”
For the purpose of this review, we will be using the term “HTP” when referring to a “heated tobacco product.”
Electronic Cigarette
related litigation
"Electronic cigarette" means an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have, but does not include any product licensed under the Drugs and Cosmetics Act, 1940.
“Heat Not Burn Products” are included in the definition of “electronic cigarettes” and “heated tobacco products” are considered “Heat Not Burn Products.”
For the purpose of this review, we will be using the term “HTP” when referring to a “Heated Tobacco Product.”
Substance
related litigation
"Substance" means any natural or artificial substance or other matter, whether it is in a solid state, or in liquid form or in the form of gas or vapour.
Advertisement
related litigation
"Advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website or social media and includes through any notice, circular, label, wrapper, invoice or other document or device.
The definition of “advertisement” is significant in the application of tobacco advertising, promotion and sponsorship restrictions to HTPs.
Distribution
related litigation
"Distribution" means distribution by way of samples, whether free or otherwise and the expression "distribute" shall be construed accordingly.
The definition of “distribution” is significant in the scope and application of the ban on sales of HTPs.
Import
related litigation
"Import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India.
The definition of “import” is significant in the scope and application of the ban on sales of HTPs.
Manufacture
related litigation
"Manufacture" means a process for making or assembling electronic cigarettes and any part thereof, which includes any sub-process, incidental or ancillary to the manufacture of electronic cigarettes and any part thereof.
The definition of “manufacture” is significant in the scope and application of the ban on sales of HTPs.
Production
related litigation
"Production" means the making or assembling of electronic cigarettes and any part thereof.
The definition of “production” is significant in the scope and application of the ban on production of HTPs.
Sale
related litigation
"Sale" means any transfer of property in goods (including online transfer) by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for sale and exposure for sale.
The definition of “sale” is significant in the scope and application of the ban on sales of HTPs.
Smoking
related litigation
“Smoking” means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instruments.
The definition of “smoking” is significant in the application of smoking restrictions applied to HTPs in indoor public places, workplaces, and public transport.
