e-cigarettes classified as drug

Electronic cigarettes come under the classification of drugs and hence necessary permission must be sought by the manufacturer under Drug and Cosmetics Act for its sale, the State government has informed the Madras High Court.

Tamil Nadu Directorate of Drugs Control made the submission in a petition moved by Steamz Agro India Private Ltd, Chennai, represented by its Managing Director, S. Sunil Praveen Kumar.

The petitioner company engaged in manufacturing electronic cigarettes submitted that it had obtained permission from the authorities for supplying electronic cigarettes throughout the country.

The company alleged that on August 30, 2013 Drug Inspectors from Villivakkam and Kilpauk Ranges raided its premises and seized products violating the provisions of the Drugs and Cosmetics Act, 1940 and sought direction to the authorities to restrain them from interfering in the activities of the company. Responding to the petition, the Drugs Inspector, Villivakkam Range, contended that necessary permission must be sought under the Act as the products manufactured by the petitioner contains propylene glycol, glycerine, and nicotine flavouring agent.

“Propylene glycol is used as a pharmaceutical aid in India, whereas Glycerine comes under the category of lubricant. As the label in the product informs that it contains nicotine flavour, it is considered as a drug,” the authorities said.

Adjourned

Justice M.M. Sundresh adjourned the petition to two weeks.