Karnataka High Court — challenge to the state circular banning ENDS (2017)
A public interest petition brought on AVI's behalf against the State of Karnataka. It challenged the state's June 2016 circular banning the sale, manufacture, distribution, trade, import and advertisement of ENDS. The petition argued that the circular named no statute, was never notified in the official gazette and rested on no study, citing an RTI reply to that effect. It asked the court to quash the ban and direct regulation instead.
Outcome: Admitted on 22 August 2017 and later dismissed by the High Court. AVI did not appeal.
The petition was presented to the High Court on 11 August 2017 and admitted on 22 August 2017. It challenged the Health and Family Welfare Department’s circular of 15 June 2016 on three main grounds:
- No legal basis. The circular cited no statute. The petition argued that a state prohibition under the Drugs and Cosmetics Act, 1940 needs a gazette notification, and none had been issued.
- No evidence. It relied on an RTI reply from the Union Health Ministry’s Tobacco Control Division stating that no study had been relied on before the ban.
- Unequal treatment. Combustible cigarettes, which the petition described as far more harmful, remain lawfully sold. It argued that this breached Articles 14, 19(1)(g) and 21 of the Constitution.
The petition said plainly that it did not claim ENDS were harmless. It asked the court to quash the circular, direct the state to regulate ENDS rather than ban them and set up an expert committee to frame rules.
The High Court dismissed the petition, and AVI chose not to appeal.