TOBACCO CONTROL LAWS

M/S Marvelous Creations v. Deputy Commissioner of Customs

M/S Marvelous Creations (Marvelous) seeks release of a consignment containing such items as hookah flavorings, e-sheesha pens and e-liquid.  The government retained these items because of Marvelous' failure to follow the procedures set out in the November 27, 2018 Drugs Controller General order calling for enforcement of an e-cigarettes ban.  Marvelous asserted, however, that the November 2018 order had been stayed by the Delhi High Court and the government's retention of its consignment is due only to the pendency of this writ petition.  The court ordered the release of Marvelous' consignment.  

M/S Marvelous Creations v. Deputy Commissioner of Customs, W.P.(C) 468/2019, High Court of Delhi (2019).

  • India
  • May 8, 2019
  • High Court of Delhi at New Delhi
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Parties

Plaintiff M/S Marvelous Creations

Defendant Deputy Commissioner of Customs

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

Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

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.
"The Court sees no reason why the Petitioner's goods should not be released considering that the Circular in terms of which they were detained has been stayed by the learned Single Judge. Accordingly, the Respondent is directed to release the goods detained under the aforementioned Bill of Entry dated 4th January, 2019 to the Petitioner subject to such terms as the Respondent may think appropriate."
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