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          This year, in March, 2019, the hon. Delhi High Court ruled that              e-cigarettes are not drugs and stayed further action. Then, this year, on 31st May, the Indian Council of Medical Research -- we have mentioned about the same in the Bill also -- issued a White Paper on e-cigarettes suggesting a complete ban on e-cigarettes in view of their adverse public health impact. This matter was listed on 22nd  August in the court, but got deferred to 18th of November.

In August itself, the instances of vaping-related deaths and illnesses started to emerge as an epidemic in the United States. There was an outbreak of vaping-related lung diseases in the United States. In 49 out of 50 States in the United States of America, about 2,172 cases were reported with 42 deaths. On 11th of September, the Government of the United States decided to take flavoured e-cigarettes off the shelf and imposed many restrictions.

          This is on account of the attractive design features, aggressive marketing strategies to lure children with addition of various flavours.  I did not know about so many flavours which the Members told me yesterday.  There are advertisement campaigns to associate glamour and fashion with e-cigarette use.  Then, it is also to create a false notion of safety for use of these products. Use of these products does not leave any foul odour generally associated with cigarette or bidi smoking. This is what people tell me.  For the information of the hon. Members, I would say that as the rules did not permit us to display various types of e-cigarettes here, so we have got them in Nirman Bhawan.  Anybody who really wants to have a feel of what it is –  because many of us have not seen the e-cigarettes; we still do not have the concept of what an e-cigarette is –  I would love that you should come and visit our office sometimes and look for yourself what these e-cigarettes are.  These actually give an opportunity to children without parents’ knowing because there is no smell, nothing.  It is a small thing to keep in your pocket.  So, that is, you can say, the advantage that the industry is trying to enjoy.

          Sir, if I remember correctly, Prof. Saugata Ray said why we are banning these heat-not-burn tobacco products if they use tobacco leaves. The answer to this is that heat-not-burns are battery operated, use vapourising mechanism as in ENDS and have the same attractive design features. These too are novel products and have more in common with e-cigarettes/ENDS than the combustible tobacco. HnBs are a ploy by the tobacco industry to confuse with e-cigarettes/ENDS and try to get around regulations. HNBs have the same health and public health impact as e-cigarette/ENDs and are thus covered in the Bill. …(Interruptions) Sir, I know that the leaf is heated and that is why, I gave you this explanation.Then, one hon. Member, who was a doctor, said that when we have done it for manufacturing, storage, transport and everything, why we do not ban the use and possession of e- cigarette.

SHRI K. SUDHAKARAN (KANNUR): Sir, ask your conscious and say which is the lesser evil; e-cigarettes or conventional cigarettes.  By passing such a Bill, you are necessarily protecting the conventional cigarette lobby in India.  The Government is taking a hasty action.  It is an untimely Bill.  You are moving this Bill untimely because the harmfulness of e-cigarettes is not confirmed. From various corners we are getting a report that e-cigarettes, that we get in the market now, are 95 per cent less harmful than conventional cigarettes.  So, in my opinion e-cigarettes are less harmful than conventional cigarettes.  Why are you in a hurry to bring a Bill to restrict e-cigarettes?