The law in India, as it stands

E-cigarettes and ENDS

Electronic cigarettes are banned in India under theProhibition of Electronic Cigarettes Act, 2019 (PECA), passed by Parliament on 5 December 2019. The Act prohibits the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of e-cigarettes and all Electronic Nicotine Delivery Systems (ENDS), including heat-not-burn products and e-hookah.

PECA does not explicitly criminalise personal possession, but the Union Health Ministry clarified in October 2023 that possession of e-cigarettes "in any quantity" is not possible without contravening the Act, given the breadth of the storage and transport prohibitions. First-offence penalties include imprisonment of up to one year and a fine of up to ₹1 lakh; repeat offences carry higher penalties.

Nicotine pouches and snus

Nicotine pouches and snus fall outside PECA's definition of ENDS — they involve no vapour, aerosol or heating element. However, they are not lawfully available in India either. As oral nicotine products intended for human consumption, they fall within the Food Safety and Standards Authority of India's (FSSAI) regulatory ambit under the Food Safety and Standards Act, 2006, and FSSAI has not approved nicotine for use in any food product. In practice this means there is no lawful pathway to market these products in India today, distinct from — but no less restrictive than — the explicit ban on e-cigarettes under PECA.

This is AVI's understanding of the regulatory position, not formal legal advice; independent verification is recommended for anyone making decisions based on it.

What this means practically

This site does not sell, advertise, or facilitate access to any nicotine product, in India or otherwise, and does not provide purchasing guidance. Nothing on this site should be read as encouraging violation of PECA or any other applicable law. AVI's position is that adult smokers should have legal, regulatedaccess to lower-risk alternatives — our advocacy is directed at changing the law through evidence, litigation and public debate, not at circumventing it.

See our litigation page for the legal challenges AVI has organised and fought against state-level bans that preceded PECA, and against the aviation-security flight ban that PECA doesn't touch — including the case AVI is actively running today — and their current status.