The Patan High Court has ruled against the government’s attempt to impose restrictions on the import and sale of electronic cigarettes, commonly known as “vapes.”
KATHMANDU, June 28 — The Patan High Court has directed the government not to impose any restrictions on the import and sale of electronic cigarettes, commonly known as “vapes.”
A Division Bench comprising Justices Kabi Prasad Neupane and Hemant Rawal ruled in favor of the import and sale of vapes. The court issued its verdict on a writ petition filed by Vape Mandu Traders against the Ministry of Finance, the Ministry of Health, the Department of Customs, and the Department of Commerce, Supplies and Consumer Protection. The ruling instructed the government to lift the ban on vapes.
In a bid to ban electronic cigarettes, the National Health Education, Information and Communication Center under the Ministry of Health and Population had issued a circular to the relevant government agencies, seeking to prohibit the trading of vapes. The circular cited Sub-rule 3 of Rule 28 of the Tobacco Products Control and Regulation Directive, 2015, which prohibits the production, import, sale, distribution, consumption in public places and public transport, and promotion and advertisement of electronic cigarettes through the media.
According to government records, the use of vapes has been on the rise in recent months. In the Fiscal Year 2023/24, the government collected customs revenue amounting to over Rs 230 million from vape transactions. Following the issuance of the circulars, customs offices had halted the clearance of imported vapes.