Seema Sehgal v. Union of India

Homemaker, Seema Sehgal, seeks extension of the COTPA regulatory scheme to e-cigarettes. Cancer Patients Aid Association (CPAA), filed an impleadment application, and court admitted the association as a party. In its petition, CPAA submitted that regulating e-cigarettes will undermine efforts of state governments to prohibit such products and that a comprehensive ban on the manufacture, import, sale, distribution, storage and advertisement of e-cigarettes throughout India is imperative and in the public interest. On August 21, 2018, the court issued direction to the Ministry of Health & Family Welfare to indicate within a week the timeframe in which regulatory measures regarding Electronic Nicotine Delivery Systems (ENDS)/e-Cigarettes shall be undertaken.

Seema Sehgal v. Union of India and Others, W.P. (C) 10624/2017, CM No. 33757/2018, High Court of Delhi at New Delhi (2018).

  • India
  • Aug 21, 2018
  • High Court of Delhi at New Delhi
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Parties

Plaintiff Seema Sehgal

Defendant Union of India

Third Party

  • Cancer Patients Aid Association

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

None

Substantive Issues

None

Type of Tobacco Product

"Respondent no.1 should indicate this court the timeframe in which the regulatory measures as indicated by them from Para 8 onwards of their counter-affidavit dated 18th April, 2018 would be put into place. Let an affidavit sworn by the Secretary of Ministry of Health and Family Welfare be filed within a week from today indicating by what time regulatory measures would be brought into place and enforce in its letter and spirit. In case, we are not satisfied with the response given by the Secretary, we may consider to take coercive action against the Department."