TOBACCO CONTROL LAWS

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.)

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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

Parties

Plaintiff Plume Vapour Private Ltd.

Defendant Union of India

Legislation Cited

The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019 (No. 14 of 2019)

Related Documents

Initial Order

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

None

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.
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