Market & legal data in the tobacco alternatives sector in India

10th September 2024: India: The Anti-Tobacco Forum has called on the Karnataka state government to ensure that the upcoming Dasara festival (a major Hindu celebration) will be held as a “tobacco-free Mysuru Dasara”. Vasanthkumar Mysoremath, the forum’s convener, made the appeal following the state government’s recent announcement that Mysuru Dasara 2024 will be celebrated on a grand scale.
10th September 2024: India: Health experts have highlighted India’s unique tobacco burden, noting that both traditional products – such as bidis – and modern cigarettes contribute to the widespread use of tobacco. Narender Saini, former general secretary of the Indian Medical Association, said that, despite strict tobacco control measures, around 267m people in India continue to use tobacco – resulting in nearly 1m tobacco-related deaths each year.
29th July 2024: India: The Ministry of Finance has decided not to increase the tobacco tax in the Union Budget 2024. Although tobacco tax falls mostly under the remit of the Goods and Services Tax Council (GST), the government can decide to levy a National Calamity Contingent Duty (NCCD), which can be adjusted in the Union Budget. The minister of finance decided to keep the tax unchanged in this year's budget presentation, alleging that the NCCD tax was last changed with a 16% increase last year, press reports.
29th July 2024: India: The Ministry of Commerce and Industry is working on a proposal to further tighten foreign direct investment (FDI) rules in the tobacco sector, press reports. Currently, FDI is banned in the manufacturing of tobacco products but it is permitted in technology collaboration in any form, including licensing for franchise, trademark, brand name and management contracts in the tobacco sector. The proposed measures aim to curb promotional activities and smuggling, as companies are reportedly circumventing existing regulations. The proposal is being circulated across ministries to gather feedback.
18th July 2024: India: The Ministry of Health is reportedly planning to ask the Board of Control for Cricket in India to stop promoting tobacco products in Indian cricket stadiums, especially advertising that features former cricketers and Bollywood celebrities.
3rd October 2023: India: The Ministry of Health has said in a clarification that the possession of heated tobacco products (HTPs) is in violation of the Prohibition of Electronic Cigarette Act (PECA) 2019, adding that the enforcement of the ban will be strengthened, press reports. Although there is no explicit provision prohibiting the individual use of HTPs in PECA, the ministry said that “possession of e-cigarettes [including HTPs] within the country in any quantity is not possible without contravening the provisions of PECA, 2019”.
11th August 2023: India: The lieutenant governor of Delhi has approved the extension of the ban on the "manufacture, storage, distribution and sale of tobacco – whether flavoured, scented or mixed with any addictive substance – and going by the name or form of gutkha, paan masala, flavoured or scented tobacco or kharra" in the territory for a year, press reports. The move, which will affect only the union territory of Delhi – with roughly 33m citizens – must now be notified by the food safety commissioner.
21st July 2023: India: The Ministry of Health has asked state ministries to report violations of the nationwide ban on the production, sale, import, export, assembly, distribution, advertising and online trade of heated tobacco products through its dedicated portal, press reports. The statement follows the recent notices reportedly sent by the Ministry of Health to 15 websites selling e-cigarettes, directing them to stop advertisement and sale of the products.
6th June 2023: India: Netflix, Amazon and Disney reportedly met last Friday to explore a possible legal challenge to the rules issued by the Ministry of Health on 31st May obliging streaming platforms to display anti-tobacco warning messages whenever a tobacco product or its use is shown, from 31st August. The companies say the rule could force them to stop offering their services in India as they would have to modify and edit millions of hours of old web content in order to comply.
31st May 2023: India: The Ministry of Health has issued new rules today pursuant to which media streaming services must display anti-tobacco warning messages whenever a tobacco product or its use is displayed. The same rules establish the type of messages and the requirements that these warnings must meet. The rules will enter into force on 31st August 2023.
23rd May 2023: India: The Health Ministry has called for stricter enforcement of the statutory ban, which covers manufacturing, import, export, distribution and advertising of heated tobacco devices as well as e-cigarettes, including parts and accessories, press reports.
27th April 2023: India: The Supreme Court has stayed an order by the Madras High Court that quashed the Tamil Nadu food safety commissioner’s decision to ban the manufacture, storage, transport, distribution and sale of gutkha, pan masala and other chewable products containing tobacco or nicotine, press reports. It means the sale of such products remains banned in Tamil Nadu, a southern state with a population of 76m.

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