Tobacco at a tap away ignites debate on web sales channel

Cigarettes may be a health hazard, but tobacco products can be at your doorstep in a flash thanks to quick commerce, raising tricky questions about the online sale of the regulated product.

- Suneera Tandon & Dhirendra Kumar

Tobacco products cannot advertise in India, and only adults can legally purchase them. The law also prohibits smoking in public places, selling tobacco products within 100 yards of educational institutions, and their advertising and promotion.

Platforms such as Zepto, Blinkit and Instamart display cigarettes without branding, demand self-age declaration, and claim they do not deliver near schools and colleges. Zepto also bars users from buying them on behalf of minors, and says delivery personnel may check identification papers or even photograph the buyer for age verification. Some platforms also display health warnings.

Tanu Banerjee, partner at Khaitan & Co., said India lacks a clear, standalone law explicitly regulating the online sale of tobacco products. "The Cigarettes and Other Tobacco Products Act (COTPA) primarily focuses on physical point-of-sale restrictions and does not clearly prescribe specific digital disclaimers. Simple self-declarations may not be robust enough to ensure compliance, especially when age verification is left to user consent without technological checks," Banerjee said.