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The Union Health Ministry has despatched notices to fifteen web sites promoting e-cigarettes, that are banned in India, directing them to cease commercial and sale of the merchandise, official sources mentioned.
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Six extra web sites are on the radar, they mentioned, including the Ministry can be intently monitoring the commercial and sale of e-cigarettes on social media and may concern notices to them quickly.
Of the 15 web sites which have been issued the “takedown notice”, 4 have stopped operations whereas the remaining haven’t responded but, an official supply advised PTI.
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“If they don’t respond and comply with the law, the Health Ministry will write to the Ministry of Electronics and Information Technology for taking down these websites. Legal action will also be taken against these websites accordingly,” the supply mentioned.
The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act got here into pressure in 2019.
The Health Ministry’s discover to the web sites mentioned, “We have identified that information relating to online advertisement and sale of illegal e-cigarettes, which is unlawful under Section 4 of the Prohibition of Electronic Cigarettes Act is being hosted, displayed, published, transmitted and shared on your platform.”
“In light of the above, and under section 79(3)(b) of the Information Technology Act, 2000 (IT Act), and in pursuance of the government notification dated November 15, 2021, the undersigned is hereby authorised to direct you to disable access and or remove any information identified in the enclosed document without vitiating the evidence in any manner,” it mentioned.
The discover warned that failure in complying with the directive “may amount to aiding/abetting the transmission of such unlawful information or conduct of such unlawful activity, as the case may be, and you may be prosecuted for hosting such information, data, or communication links”.
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Further, failure to take essential motion could appeal to penalties underneath the IT Act and/or Prohibition of Electronic Cigarettes Act, the discover mentioned.
The on-line entities have been requested to reply inside 36 hours of receiving the discover.
“Four of the 15 online entities have responded and shut down their operations. We are still waiting for the remaining to respond, failing which further action will be initiated,” the official supply said.
The Ministry had in February written to all States and Union Territories to make sure efficient compliance with the ban on e-cigarettes and had expressed concern that these units have been nonetheless accessible on-line and with native distributors.
In a letter to chief secretaries, Union Health Secretary Rajesh Bhushan had mentioned situations of units like e-cigarettes being offered at comfort or stationery shops and close to academic establishments have additionally been reported which is leading to these merchandise being simply accessible to kids.
In May, the Health Ministry issued a public discover for stricter implementation of the Act and directed all producers, producers, importers, exporters, distributors, advertisers, and transporters, together with couriers, social media web sites and on-line buying web sites, produce, procure or promote e-cigarettes immediately or not directly.
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