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Ban On E-Cigarettes: Godfrey Philips Challenges Seizure Ordered By Maharashtra FDA, Bombay HC Seeks State's Reply
Nitish Kashyap
30 July 2019 11:52 AM IST
The Bombay High Court on Thursday directed the State government and Maharashtra Food and Drug Administration to file their replies while hearing a writ petition filed by Godfrey Philips India Ltd challenging FDA's action of seizing e-cigarettes manufactured by the company.State FDA Commissioner directed a ban on storage, manufacture, sale and distribution of e-cigarettes in the State following...
The Bombay High Court on Thursday directed the State government and Maharashtra Food and Drug Administration to file their replies while hearing a writ petition filed by Godfrey Philips India Ltd challenging FDA's action of seizing e-cigarettes manufactured by the company.
State FDA Commissioner directed a ban on storage, manufacture, sale and distribution of e-cigarettes in the State following an advisory issued by the Union Ministry for Health and Family Welfare to State governments dated August 28, 2018 for ban on e-cigarettes.
Division bench of Justices Ranjit More and Bharati Dangre will hear the matter on Tuesday as the APP AS Pai sought time to file a reply. Until then, the Court said-
"In the meanwhile, we direct that the respondents will not proceed further by initiating any action as contemplated in the notice dated 06.07.2019."
On June 25, State FDA had conducted an inspection of the stock stored in warehouses of the petitioner company and seized e-cigarettes. Pursuant to this, a show-cause notice was issued to the said company on July 6 for violating the Cigarettes and Other Tobacco Products Act, 2003 and Drug and Cosmetics Act, 1940.
Senior Counsel Amit Desai appeared for the petitioner company and submitted that the said stock seized by State FDA is covered by an order of the Delhi High Court dated March 18, 2019 wherein Justice Vibhu Bakhru had ordered a stay on a circular issued by State Customs calling for a ban on import, manufacture, sale and distribution of Electronic Nicotine Delivery Systems(ENDS) like e-cigarettes, e-sheesha, vape, e-hookah with nicotine flavour etc.
Desai sought similar reliefs for the petitioner company and he asked for the seized stocks to be released.
In the Delhi High Court Judgement, Court had observed that as per the report of 48th meeting of Drugs Consultative Committee constituted under Section 7 of the Drugs and Cosmetic Act the Committee found that e-cigarettes or ENDS are not drugs, do not come under the definition of 'drug' as per the Drug and Cosmetic Act. Therefore, the High Court or states will not have jurisdiction on e-cigarettes or ENDS as they are not drugs,, Justice Bakhru noted.
