Last updated: December 5, 2023
Key Terms
E-Cigarette
“Electronic cigarette” means an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have, but does not include any product licensed under the Drugs and Cosmetic Act, 1940.
For the purpose of this review, the term "e-cigarette" will be used to refer to an "electronic cigarette."
Advertisement
“Advertisement” means any audio and visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website or social media and includes through any notice, circular, label, wrapper, invoice or other document or device.
Distribution
“Distribution” includes distribution by way of samples, whether free or otherwise and the expression “distribute” shall be construed accordingly.
Export
“Export” means taking out of India to a place outside India.
Import
“Import” means bringing into India from a place outside India.
Manufacture
“Manufacture” means a process for making or assembling electronic cigarettes and any part thereof, which includes any sub-process, incidental or ancillary to the manufacture of electronic cigarettes and any part thereof.
Person
“Person” includes (i) any individual or group of individuals; (ii) a firm (whether registered or not); (iii) a Hindu Undivided Family; (iv) a trust; (v) a limited liability partnership; (vi) a co-operative society; (vii) any corporation or company or body of individuals; and (viii) every artificial juridical person not falling within any of the preceding sub-clauses.
Production
“Production” includes the making or assembling of electronic cigarettes and any part thereof.
Sale
“Sale” means any transfer of property in goods (including online transfer) by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for sale and exposure for sale.
