Bombay High Court — seller challenges to FDA action on ENDS (2019)
Two separate, independently brought challenges to Maharashtra's enforcement action against ENDS. A company whose e-cigarette stock had been inspected by the state Food and Drugs Administration challenged the resulting notice and won interim protection, relying on the Delhi High Court's March 2019 stay. A group of Mumbai vape retailers brought their own challenge.
Outcome: Interim protection granted on 25 July 2019. Both matters were closed once the national ban under PECA, 2019 took effect.
The company’s petition was heard on 25 July 2019 under the court’s criminal appellate jurisdiction. The petitioners said that the Drug Inspector (Greater Mumbai) had issued them a notice on 6 July 2019 after inspecting their stock. They argued that they were entitled to the same relief as the Delhi High Court had granted on 18 March 2019. The state sought time to respond, and the Division Bench directed that no further action be taken on the notice in the meantime.
A group of Mumbai vape retailers filed a separate challenge to the FDA’s action. Both matters were closed once PECA, 2019 took effect.
Both are seller-brought cases, clearly distinct from AVI: neither was filed, funded or organised by AVI, and AVI was not a party to either. AVI is a consumer advocacy organisation and deliberately does not fund, file or direct litigation on behalf of vendors or manufacturers, as doing so would blur the line between consumer advocacy and industry action. Where these cases drew on research or legal arguments AVI has separately developed and published, that reflects publicly available analysis, not coordination between AVI and the litigants.