TOBACCO CONTROL LAWS

M/s Joy Buddy Fun Products Ltd. vs. Union of India

M/s Joy Buddy Fun Products Ltd. challenged the government's seizure of its e-cigarette consignment.  The court directed the release of the consignment, finding no law prohibiting e-cigarette imports and observing that other port custom authorities permit such imports.

M/s Joy Buddy Fun Products Ltd vs. Union of India, WP No. 26950 of 2014, Calcutta High Court (2015).

  • India
  • Feb 13, 2015
  • Calcutta High Court
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Parties

Plaintiff M/s Joy Buddy Fun Products Ltd.

Defendant Union of India

Legislation Cited

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

None

Substantive Issues

Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.

Type of Tobacco Product

E-cigarettes and other ENDS products
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
"Since there is no provision of law which is cited for restraining or prohibiting the import of e-cigarettes into this country and in view of the practice followed elsewhere as accepted by the customs authorities, WP 26950 (W) of 2014 is allowed by setting aside the impugned decision of the customs authorities to withhold the petitioners’ consignment of e-cigarettes at the Kolkata Airport."
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