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MI’m planning to start a business producing vape e-liquids in India and I’m seeking advice on the legal aspects of this venture. I’d like to know if it’s legal to produce e-liquids with or without nicotine in India.
From my research, I’ve found that:
– The Indian government has banned the production, sale, and import of e-cigarettes and other vaping devices under the Prohibition of Electronic Cigarettes Act, 2019. However, this ban seems to focus on devices rather than e-liquids themselves.
– The Food Safety and Standards Authority of India (FSSAI) regulates food products, including flavorings and ingredients used in e-liquids. However, it’s unclear if e-liquids are considered food products.I’d like to know:
– Can I produce e-liquids without nicotine in India?
– Are there any specific regulations or licenses required to produce e-liquids in India?
– Can I export e-liquids from India to other countries?I’d appreciate any guidance or advice from experts in the field, especially those familiar with Indian laws and regulations.
I’ve added some relevant information about my business idea:
– My e-liquids will be nicotine-free and made with natural ingredients and Ayurvedic herbs.
– I’ll be targeting the Indian market initially, with plans to expand to other countries in the future.TL;DR:
Seeking legal advice for producing vape e-liquids in India. Is it legal to produce e-liquids with or without nicotine? What regulations and licenses are required? Can I export e-liquids from India? -
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PNAL but know a little about it.
It’s a gray area which is good for you if you play it right. Law has just banned vape & nicotine products for vape so you’re clear till you don’t mention vape in your business (essential oils instead of e-liquid)
In short:
1. e-liquids with nicotine: Illegal in India & export.
2. e-liquids without nicotine: gray area because it’s not explicitly illegal. Export for vape related products is illegal, but if you position yourself as a non-vape product then would work.
– Regulations/licenses required: FSSAI, AYUSH, MSME, pollution board – depending on ingredients
Strategic workaround
– setup a neutral brand name private label / export business.
– don’t sell / distribute in India.
– handle manufacturing under a broader license ( essential oils, flavoring, aroma )
– create another company or partner up with existing companies in a country where vape is legal, and label / package the product as vape e liquid.This way – legally you’re in the clear even if people find out what’s happening.
But check with a lawyer
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