Plume Vapour Private Ltd. v. Union of India

Plume Vapor challenges the government's ordinance banning the sale of e-cigarettes and seeks a stay on the ban's implementation.  The government asserts that a stay at this interim stage before affidavits and hearing is inappropriate.  In an interim order, the Kolkata High Court refused to stay the ban, but stayed the requirement for sellers to prepare a list of their existing stock of e-cigarettes and submit such stock to authorities for disposal.

(Heard along with a similar challenge from Woke Vapors.)

Plume Vapour Private Ltd. v. Union of India, A.S.T 40 of 2019, High Court of Kolkata (2019).

  • India
  • Oct 1, 2019
  • High Court of Kolkata
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Parties

Plaintiff Plume Vapour Private Ltd.

Defendant Union of India

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

None

Substantive Issues

None

Type of Tobacco Product

"It appears from proceedings happened in Parliament... that, inter alia, the Government was aware of marketing of e-cigarettes and their growing popularity across the country. That it was considering regulating, including banning of it. It had issued advisories to States and Union Territories to ensure the product is not sold. Till before the issuance of the Ordinance, at least as on 10th July, 2019, the Government, it appears, had not taken a decision. In the circumstances, this Court thinks it fit to pass interim order staying operation of clause (b) under the proviso in section 5 of impugned Ordinance. As a consequence, the requirement of submission of stock, specified in the list, to be submitted to nearest office of the authorized officer, as requirement under clause (a) under said proviso, will also remain stayed. The authorized officer, if feels necessary, will verify the inventory made on list submitted. It is clarified, there is to be no disposal."