Delhi High Court — challenge seeking regulation, not a ban, of ENDS (2017)
An individual petitioner asked the court to direct the Union government, the Delhi government and FSSAI to regulate ENDS rather than ban them: a policy framework for their sale, registration of sellers, public information on their risks and a ban on use in public places, as applies to cigarettes. The Health Ministry told the court it was preparing measures that included a ban. Counsel engaged on AVI's behalf appeared for a proposed intervenor.
Outcome: Closed once the national ban under PECA, 2019 made the question of state regulation moot.
The petition was filed as a public interest litigation in 2017. The respondents were the Union of India (Ministry of Health and Family Welfare), the Government of NCT of Delhi and the Food Safety and Standards Authority of India.
The government’s position. In a counter-affidavit dated 18 April 2018, the Health Ministry said it was preparing guidelines or an advisory “for regulating, including banning” ENDS, and asked the court to dismiss the petition. The Delhi government argued that the petition was infructuous because it had already begun steps towards a ban.
The court’s orders. On 21 August 2018 the Division Bench directed the Secretary of the Health Ministry to file an affidavit within a week setting out when the regulatory measures described in the counter-affidavit would be in place. The court warned that it might consider coercive action if the response was unsatisfactory. The Ministry’s advisory to all states and union territories followed on 28 August 2018. On 11 July 2019 the court directed the Delhi government to file an affidavit through its Chief Secretary.
AVI’s role. In March 2018 a Delhi chambers was authorised to engage advocates and conduct cases in New Delhi on AVI’s behalf. Advocates from that chambers appeared for the proposed intervenor in August 2018 and for the intervenor in July 2019.
The case was closed after PECA, 2019 replaced state-level action with a national ban.