India attacks Juul as it defends e-cigarette ban in court

File picture: AP Photo/Steve Helber.

File picture: AP Photo/Steve Helber.

Published Oct 1, 2019

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KOLKATA, INDIA - The impending launch of

Juul e-cigarettes in India was a factor in the government's

decision to ban the sale of vaping products, a top government

lawyer said on Tuesday while defending the move in a Kolkata

court.

Last month, India banned the sale and import of electronic

cigarettes, warning of a vaping "epidemic" among young people

and dashing plans of companies such as Juul Labs Inc and Philip

Morris International to sell products in the country.

Juul had aimed to launch its e-cigarette in India in late

2019 and had hired several senior executives in recent months,

Reuters has previously reported.

"What was impending was a nationwide launch of Juul ... it

(the government) chose to act immediately," additional solicitor

general Aman Lekhi told the court.

Lekhi made the remarks while defending two challenges

against the ban that have been filed by e-cigarettes importer

Plume Vapour and another company Woke Vapors.

He told the judge the cases were a "proxy for Juul" but did

not elaborate. He later told Reuters inside the courtroom: "We

feel they are a proxy for Juul, there's a very real

possibility".

A Juul spokesman declined to comment on the government's

remarks. Woke Vapors and Plume Vapour did not respond to

requests for comment.

Two senior Juul executives were present inside the packed

courtroom on Tuesday, seated for most of the two-hour hearing

next to the federal health ministry's bureaucrat who oversees

tobacco control, Vikas Sheel.

Tobacco vs e-cigarettes

Juul Labs, in which tobacco giant Altria Group Inc

owns a 35% stake, is facing increased scrutiny in the United

States, its home market, as teen use of e-cigarettes surges.

Even before the ban was announced, the Indian government had

said products such as Juul were harmful and could potentially

undermine its tobacco control efforts. More than 900 000 people

die each year in India due to tobacco-related illnesses.

However, India has 106 million adult smokers, second only to

China, making it a lucrative potential market for companies

selling both tobacco and vaping products.

Plume Vapour, one of the companies arguing against the ban,

told the court on Tuesday that "relative harm" from e-cigarettes

was less than from tobacco products and the government was

scaring consumers by banning the product.

The government's counsel Lekhi said e-cigarette's novelty

and attractiveness pose a public health danger, and the product

needs to be nipped in the bud. "You don't want a new substance

to cause addiction," he told the court.

The court on Tuesday did not put the ban order on hold, but

as a temporary relief revoked the current requirement for

sellers to submit their existing stock of e-cigarettes to

authorities for disposal.

The cases, which have emerged as a key legal test of the

government's ban order, will next be heard on November 14. 

Reuters

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