TOBACCO CONTROL LAWS

Litejoy International v. Union of India

Litejoy International challenges a Drugs Controller General of India (DCGI) order calling for enforcement of a Ministry of Health and Family Welfare Advisory instructing states to undertake a ban on the sale (including online sale), manufacture, distribution, trade, import and advertisement of e-cigarettes, among other products. On March 18, 2019, a single judge of the Delhi High Court stayed the DCGI order’s implementation, holding that e-cigarettes do not fall within the definition of a ‘drug’, as defined under section 3(b) of the Drugs and Cosmetics Act 1940.

(Heard along with M/S Focus Brands Trading v. Directorate General of Health Services, W.P. (C) 2688/2019 and Piush Ahluwalia v. Union of India, W.P. (C) 2735/2019.)

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Litejoy International Pvt Ltd v. Union of India, W.P.(C) 2351/2019, High Court of Delhi at New Delhi (2019).

  • India
  • Jul 11, 2019
  • High Court of Delhi at New Delhi

Parties

Plaintiff Litejoy International Pvt Ltd

Defendant Union of India

Legislation Cited

Letter from the Drugs Controller General to State and Union Territories Drugs Controllers on Electronic Nicotine Delivery Systems (ENDS)

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

Right to Self-Determination
Smokers’ rights groups may claim that governments interfere with consumers’ freedom of choice when they regulate tobacco use.

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.
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