ঢাকাবৃহস্পতিবার , ২ জুলাই ২০২৬
In Bangladesh, a writ petition has been filed in the Hon’ble High Court demanding why e-cigarettes, which are harmful to public health, and the related products should not be banned and removed from the market. The petitioners are Saifuddin Ahmed, A.K.M. Masud and Helal Ahmed (Writ Petition No. – 7721/2026). The petitioners have been working on tobacco control for a long time.
On last Monday (29 June, 2026) the Hon’ble High Court Bench comprising Justice Fatima Nazib and Justice A.F.M. Saiful Karim heard the arguments on behalf of the writ petitioners through lawyers Barrister Shamim Haider Patwary and Barrister Nishat Mahmud. After the hearing, the Hon’ble High Court issued the following rule –
“Why should the government’s inaction in completely banning all types of e-cigarettes (such as Electronic Nicotine Delivery Systems (ENDS), Electronic Non-Nicotine Delivery Systems (ENNDS), Heated Tobacco Products (HTP) and their various components or parts (such as e-cigarettes, vaping, dapper and e-liquid etc.)) not be declared as without legal authority and legally ineffective; and why should the government not be directed to take necessary steps for the complete removal of these products from both online and shop locations – even though these products are harmful to human life and public health and this is a clear violation of Articles 18(1) and 32 of the Constitution of the People’s Republic of Bangladesh.”
The Health Secretary, Labour Secretary, Finance Secretary, Commerce Secretary, Law Secretary and other concerned parties have been made respondents.
Barrister Shamim Haider Patwary said, we have seen that along with traditional tobacco, some new tobacco products like e-cigarettes, vaping and other nicotine products have spread across the world and created public health crises. Various countries of the world have become vocal on this issue and banned the product. In Bangladesh, the interim government in 2025 amended the law and passed the ‘Smoking and Tobacco Products Usage (Control) Ordinance 2005’. This ordinance prohibited the production, import, export and use of e-cigarettes and other new generation nicotine products. But in the 2026 amended law, the clause related to that prohibition was cancelled and these products were also excluded from the definition of the law. As a result, a legal vacuum has now been created regarding the ban on e-cigarettes, which may create serious public health risks for children, adolescents and youths. Therefore, taking effective measures to prevent the spread of new generation tobacco products which are harmful to public health and create nicotine addiction is a constitutional obligation of the State. We believe that a healthy, safe and tobacco-free Bangladesh can be built through effective steps taken in line with the law, the Constitution and previous directives of the judiciary on the question of protecting public health.
After the hearing, Barrister Nishat Mahmud said, the World Health Organization considers e-cigarettes as risky products for public health. Her claim is that there is no approval in Bangladesh’s existing laws for the sale or use of e-cigarettes. Yet efforts have been made to market it with the aim of collecting revenue, which is contradictory to the tobacco control law. Therefore, the writ petition has been filed seeking directives for prohibiting the use and marketing of e-cigarettes in the interest of public health
