Abu kap 06 July 2020

hookah flavours

selling product such as hookah flavours hookah product accecerious is illegal ? can we do business ? under law ?

8 Replies

Adv Keches Shilwante (Partner @ Legal Biceps) 06 July 2020

Hookahs which contain nicotine are prohibited under COTPA Act, 2003.
But now even flavored, or herbal hookahs are also available which do not contain nicotine (cancer-causing substance) and as a relief to restaurant operators they can legally open herbal hookah bars/lounges.

They are not covered in the ambit of Cigarette and other Tobacco Products Act, 2003. A ruling of the Delhi High Court,World Lung Foundation, South Asia v. New Delhi Municipal Council, in which the court ruled for National Restaurant Association India (NRAI) and held that herbal hookah flavors would not be considered as tobacco as prescribed in the COTPA Act, 2003. The court also opined that the restaurant owner could legally provide the services of a nicotine-free hookah without any legal barrier.

Abu kap 06 July 2020

i dont want to open restaurent i want to sell hookah flavour tobacoo in a shop all typr of acceseries related to flavour company such as alfakher alayan and many more

Adv Keches Shilwante (Partner @ Legal Biceps) 06 July 2020

Selling flavored hookah online or through shops is not illegal in India but the shop cannot be located within 100 yards of any educational institution and hookah cannot be sold/made available to an person below 18 years of age.

1 Like

Abu kap 06 July 2020

thank you very much sir selling hookah is illegal said nearby police so what act i can show to them they said comapny like alfakher cannot be sold as per goverment rules company had legal sticker which show tobacco is injirious can u please explain sir or pass me your number to consult in details

Adv Keches Shilwante (Partner @ Legal Biceps) 06 July 2020

To open retail shop no need to have police permission. you just need shop and establishment license.
convince police that selling hookah accessories is not illegal.
refer supreme court judgement Narinder S. Chadha And Ors vs Municipal Corpn Of Greater