BACKGROUND: Tobacco Industries new tactics, e-cigarettes, marketed as safer alternatives to traditional tobacco products, have raised global health concerns due to their addictive nature and misleading marketing practices. Currently, 29 countries have banned e-cigarettes, while 78 have enacted regulations to control their use. This study examines global judicial actions and legislative frameworks to regulate e-cigarettes, highlighting key challenges, strategies, and outcomes. The primary objective is to explore how legal mechanisms address the public health risks posed by these products.
METHODS: This study analyzes judicial decisions, legislative policies, and enforcement practices in various countries. Cases were identified through official government records, court rulings, and public health reports. The qualitative analysis focuses on penalties, bans, and regulations implemented to curb e-cigarette marketing and usage.
RESULTS: Key findings reveal significant disparities in regulatory approaches. Countries like Australia, the U.S., and Italy imposed substantial penalties on companies for deceptive advertising and non-compliance, for example, Juul Labs was fined $462 million in the U.S. for misleading youth-focused advertisements, and Philip Morris faced multiple fines in Lithuania for illegal promotions. In India, the Karnataka High Court upheld a state circular banning e-cigarettes and imposed a penalty of 1 lakh Rupee on the Council for Harm Reduced Alternatives for challenging the ban. In Panama and Uganda, courts upheld strict e-cigarette bans, emphasizing public health over industry interests. Despite these actions, enforcement gaps persist, allowing loopholes in many jurisdictions.
CONCLUSIONS: Judicial activism plays a crucial role in regulating e-cigarettes, setting critical precedents for safeguarding public health. A unified global approach is essential to counter youth addiction and deceptive marketing strategies. For countries like Bangladesh, the absence of regulatory measures poses a pressing need for immediate legislative action to prevent widespread addiction and health damage. Lessons from global judicial activism can guide comprehensive policy development to effectively regulate e-cigarettes and protect public health.