Illegal to sell, but use/possession is not illegal, as clarified by both Union health and home ministries (bit.ly/3BfqMQpf). xitter.cf/MoHFW_INDIA/status/117…

We have sent this letter to health ministry ahead of the crucial global tobacco conference to be held in Panama where key decisions on vaping will be taken. The attachment is a series of excellent evidence briefs, here: clivebates.com/evidence/ #COP10 #COP10FCTC #THRsaveslives

Experts say "tobacco use impoverishes 15mn Indians every year", then propose steep tax hike to make it worse🤷‍♀️ Is there no other way? Hint: risk reduction. @mansukhmandviya @dineshgrao @ISECBengaluru @UpendraBhojani @RijoMJohn @thphfi @NITIAayog thehindu.com/news/national/k…

It is unfortunate the court has failed to recognise genuine consumer interest in this litigation and wanted to impose a six-figure penalty for challenging criminalisation of people who have quit smoking through vaping. Our response: 1) We learn this writ was filed to oppose Union health ministry's ad hoc claim that possession of vapes is banned, which if allowed to stand, criminalises atleast 20 lakh (2mn) Indians for trying to reduce harm (our estimate is based on modest 35% annual increase – 60% is considered avg in emerging markets – from 2016 GATS 2 which found 2.6 lakh vapers). Vapes are now available in every small town of India. 2) The 'cost to society' from tobacco use is over 1% of India's GDP and 13.5 lakh deaths/year. Smokers struggle to quit: 95% quit attempts fail. E-cigarettes (vaping) are not only a 95% safer substitute (UK govt), they are 2x more effective than NRTs in helping smokers quit (Cochrane Review). Transitioning India's 12 crore (120mn) smokers to vaping – UK is giving free vapes to 10 lakh (1mn) smokers to help them quit – will significantly reduce cost to society. 3) The respected judge said assurances not to criminalise people who vape, given verbally in Parliament by then health minister and thereafter through circulars by Union health and home ministries, was an interim relief. We find this to be again an ad hoc interpretation since if that was really the intent it could well have been codified in the law. It wasn't. From which date did possession become illegal? Under which Act? Are we a nation of rule of law or a banana republic where an additional health secretary can overnight decide 20 lakh Indians are criminals? 4) What is the punishment for this crime? Do we have the right to know, or are we subject to police harassment and paying whatever bribe cops demand as there have been innumerable instances of vapers having to pay from Rs 2,000 to Rs 1 lakh in bribes. We find it disheartening the court refused to even engage on this point of law and instead sought to penalise the petitioner itself for raising the issue. 5) We believe this could have only been possible if the respected judge was convinced the litigation was proxy led by commercial interests of the tobacco/vaping industry. This is a genuine concern as most cases involving tobacco have indeed been found to be industry led. But do consumers have to pay the price? 6) Finally, does anyone realise how weird this situation is – all manners of toxic tobacco products, from pan masala, gutka to smuggled cigarettes like Esse are banned for sale in India, but only the 'users' of e-cigarettes, the least deadly of them all, have been deemed to be committing a crime? We have also learnt the original petitions challenging the ban on carrying e-cigarettes on flights were to be heard the next day in Delhi HC, but have been adjourned to Feb 13 as the respondents (the aviation authority) failed to turn up. Hence, the headline of this article is incorrect as the issue is yet to be settled. @arjunrammeghwal @ICLU_Ind @barcouncilindia @barandbench @LiveLawIndia @kharge @digvijaya_28 @FCTCofficial @RSSorg @NitishKumar @mamataofficial @ArvindKejriwal @UNHumanRights @MalathyIyerTOI @RamblingBrook @TOIEditor @ETHealthWorld @thewire_in @ANI @PTI_News livelaw.in/high-court/delhi-…

WHO's #WNTD2023 theme: Grow Food Not Tobacco Agricultural land: 5bn hectares. Used for tobacco: 3.5mn hectares, which is 0.07%. If @WHO is serious about food, alcohol land will yield at least something substantial. #WorldNoTobaccoDay2023

Three stalwarts in tobacco harm reduction (THR) – @Clive_Bates, @swimdaily & @Shapiroharry – make a case for allowing access to safer alternatives in India. @nsitharaman @mansukhmandviya @PiyushGoyal @kharge @ShashiTharoor @MamataOfficial @ArvindKejriwal youtube.com/watch?v=_grbs1FZ…

Goes live in 90 mins. Some Qs being answered: what to do when street cop approaches for bribe? Can CSIF be made to return vape seized at airport? Is it legal to ban vapes but allow ciggies in music concerts? Is buying vape a crime? bit.ly/funvocacy20

Friday, 9pm IST. Set reminder here: bit.ly/funvocacy20.

BUDGET: 16% hike on cigarettes after 3 years, but effective retail increase is barely 1%. More used and deadly bidis/khaini untouched. We don't support tax hike as sole strategy, but this is another sham attempt to tackle tobacco crisis. Safer vaping remains banned. @nsitharaman