In a recent submission, Lakshmi Ramamurthy, Trustee, Centre for Public Policy Research, shared her thoughts on how tobacco harm can be curbed at a policy level in the country.
She pointed out that India, in its act of imposing a ban on e-cigarettes in 2019, failed to make the distinction between the different classes of products. While in the Finance Bill of 2021, the government acknowledged the distinction between traditional cigarettes, e-cigarettes and HTP for taxation purposes, this distinction has not been applied in the context of the ban on e-cigarettes.
Panama hosted the Conference of the Parties Tenth Session (COP10) in February. COP10, under the WHO framework Convention for Tobacco Control (FCTC), holds immense significance for the future of public health. The FCTC addressed three critical aspects of tobacco control --demand reduction, supply reduction, and harm reduction.
The conference this time focused on forward-looking measures, exploring cutting-edge technology beyond FCTC, laying the groundwork for COP11. The discussions addressed tobacco's environmental impact, spanning from production and use to filter disposal, while emphasising the enforcement of civil and criminal laws against the tobacco industry. The COP10 declaration also reiterated the parties' commitment to prioritising public health rights.
As an alternative to harm reduction especially to combustible tobacco used in cigarettes with proven public health impact, various countries across the world have embraced electronic cigarettes (e-cigarettes) such as vapes and other Electronic Nicotine Delivery Systems (ENDS). Researches by different countries have concluded that e-cigarettes are less hazardous than combustible cigarettes.
A study conducted by Public Health England indicates that the risk of passive smoking associated with e-cigarettes is very low as there is no combustible tobacco. Despite existing research and facts on e-cigarettes, the Finance Ministry of India announced a ban on e-cigarettes in 2019, following which manufacturing, import, export, transport, sale, distribution, storage and advertising related to e-cigarettes are prohibited.
This prohibition instituted a comprehensive ban on e-cigarettes, encompassing all forms of Electronic Nicotine Delivery Systems (ENDS), heated tobacco products (HTP), e-hookahs and similar devices. Although often grouped together as a single product class, these items constitute a diverse array with potentially significant disparities in toxicant production and nicotine delivery mechanisms.
However, the Indian Government in its Act failed to make the distinction between these distinct classes of products. While in the finance bill of 2021, the government acknowledged the distinction between traditional cigarettes, e-cigarettes and HTP for taxation purposes, this distinction has not been applied in the context of the ban on e-cigarettes.
The decision to ban e-cigarettes, HTP and similar products without a thorough examination of the scientific evidence may warrant reconsideration. The establishment of an effective regulatory framework can only be achieved when clear distinctions are made and informed by the scientific evidence regarding these products.
Despite two decades of global tobacco policy control measures, tobacco-related harm continues to inflict premature deaths and remains a leading cause of life-threatening diseases. India, a key member of FCTC, grapples with the challenge of having the world's second-largest number of smokers, approximately 100 million (GATS 2017). The ICMR in its Cancer Registry Programme found that tobacco-related cancers accounted for nearly half (48.7%) of the country’s cancer burden in 2021.
