Key Takeaways
- The High Court issued a rule questioning the constitutionality of Section 6(G) of the 2005 tobacco control law
- Authorities were told not to confiscate or seize already-imported vapes and e-cigarettes for the time being
- The order was issued on March 1 by Justice Ahmed Sohel and Justice Fatema Anwar
- The writ petition was filed by 41 traders and argued by Ahsanul Karim and HM Sanzid Siddiqui
- Section 6(G) bans production through transport of ENDS, including e-cigarettes, vape devices, vaporisers and e-liquids, and covers heated tobacco products
2Firsts, March 2, 2026
According to TBS News, the High Court issued a rule asking why Section 6(G) of the Smoking and Tobacco Products Usage (Control) Act, 2005 — which bans the import, supply and sale of vapes and e-cigarettes — should not be declared unconstitutional and illegal.
The court also directed the authorities not to confiscate or seize vapes and e-cigarettes that have already been imported into the country for the time being. The commerce secretary, customs authorities and other relevant officials have been instructed to implement the order.
A High Court bench comprising Justice Ahmed Sohel (Ahmed Sohel) and Justice Fatema Anwar (Fatema Anwar) passed the order on March 1 after hearing a writ petition filed by 41 traders. Senior lawyer Ahsanul Karim (Ahsanul Karim) and Barrister HM Sanzid Siddiqui (HM Sanzid Siddiqui) represented the petitioners.
Section 6(G) prohibits electronic nicotine delivery systems, emerging tobacco products and related items. Under sub-section (1), no person is allowed to produce, import, export, store, advertise, promote, sponsor, market, distribute, buy, sell or transport electronic nicotine delivery systems or their components, including e-cigarettes, vape devices, vaporisers and e-liquids, as well as heated tobacco products or any emerging tobacco products.
Sub-section (2) states that any person who violates the provision may face imprisonment of up to three months, a fine of up to Tk200,000 (about $1,635.80), or both. Repeat offenders may face double the penalties progressively.
image source: TBS News
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