Courts put an end to vejp ban - for now

Bans on vejping and e-cigarettes are sweeping the world - especially in Asia, where countries such as Singapore, Vietnam and India have already banned or severely restricted both the sale and use of e-cigarettes. But now prohibitionists have run into trouble. Courts in both Nepal and Pakistan have blocked government attempts to ban vejp products, and the Asian prohibition wave has hit its first major hurdle.

At the end of 2023, the Government of Nepal announced that all forms of e-cigarettes and non-tobacco nicotine products would be banned. The announcement was made with little warning and the government justified the decision on public health grounds.

But that decision was directly appealed by the Multi National Trading House, one of the largest importers of vejp products in Nepal. The company argued that the government had no legal basis for a ban, as vejp products are regulated under the Tobacco Act - and there is no such ban.

The Supreme Court of Nepal agreed and ruled that the government cannot ban products through administrative decisions that are not supported by law. The court also pointed out that the government did not follow the right process in decision-making.

"The ban had no legal basis and went against the country's constitutional principles," the company's legal representative told the Nepalese news agency Vishwanews.

The ban is thus temporarily lifted - and the market for vejp products is once again legal in Nepal, at least until the court takes a final decision.

Punjab court freezes the ban

Meanwhile, a similar development has taken place in Pakistan. There, the government decided in 2023 to ban the import, sale and use of all forms of e-cigarettes and vejp products. However, here too, the decision was taken without any legislative changes or parliamentary involvement.

However, a court in Punjab province has now decided to freeze the ban pending appeal. This is after 1TP8 Actors appealed the decision, arguing that the government does not have the authority to impose such sweeping bans without legal backing.

This means that vejpare and shops in Punjab can still sell and use e-cigarettes, although the situation in the rest of Pakistan is less clear.

The prohibition wave in Asia

Although Nepal and Pakistan have slowed down, vejpning is under severe pressure in much of Asia. Singapore has zero tolerance for vejpning and even the death penalty for smuggling. In Vietnam, both sale and use are totally banned - even for tourists. In India, it has been banned since 2019, but many residents simply don't know about it. Hong Kong stopped the sale of e-cigarettes in 2022 - leading to an increase in cigarette smoking. And in Malaysia, very strict rules for both vejpning and nicotine products are pending.

Counteracting harm reduction

The fact that courts are now putting the brakes on governments' attempts to enforce bans without democratic support is seen by many as a positive development.

"Bans that are introduced carelessly or without legal backing risk being quickly overturned. And by extension, they defeat the purpose of reducing nicotine harm," writes Jim McDonald on the news site Vaping360, in a commentary.

He says the fact that courts in both Nepal and Pakistan are now choosing to curb the governments' prohibitionist zeal is a reminder that even arguments based on health must be weighed against the law and the rule of law.

"This is an important victory for the rule of law and against attempts by governments to enforce bans on the wrong grounds," continued Mr McDonald.

Not all doom and gloom for e-cigs

For those who follow developments globally, not least in Asia, it is perhaps a sign that vejpning - despite fierce opposition - is not completely out of luck when it meets the law. Countries such as the Philippines have chosen to regulate vejpning instead of banning it, and in Thailand the government has opened up the possibility of lifting its ban and taxing e-cigarettes instead.

Different views on harm reduction

Current research clearly indicates that vejp nicotine delivery is significantly less harmful than smoking. This is not to say that the technology is completely harmless, which is often put forward as an argument to ban or severely restrict the sale of e-cigarettes (but also snus and nicotine pouches). According to major scientific institutions such as the UK, US and New Zealand health authorities, but also independent global institutions such as Cochrane reviews, e-cigarettes are currently the most widely used, and most effective, way to quit smoking in much of the Western world. Regulated e-cigarettes are also considered safe to use for this purpose.

However, this view is not shared by the WHO, which considers vejping, as well as other forms of smokeless nicotine products, to be as harmful as smoking. Instead, the WHO, as well as a number of physician-supported organisations, advocate nicotine replacement therapies in combination with strong restrictions on smokeless products as important tools to reduce smoking and, by extension, all nicotine use.

Christian Egefur
Stefan Mathisson