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).
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.
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.
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"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."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.)