As groceries and gadgets arrive in minutes, cigarettes now do too. This growing ease of access poses a serious public health concern. Platforms like Zepto, Blinkit, and Instamart, which lead India’s booming quick-commerce sector, are now under scrutiny for listing and delivering tobacco products with just a few taps on a screen. This convenience has sparked a deeper debate. Are these companies sidestepping the law, or simply keeping pace with consumer demand?
At the heart of the issue lies a legal grey area. The Cigarettes and Other Tobacco Products Act (COTPA), 2003, outlines clear restrictions. These include a ban on sales to minors, smoking in public places, advertising, and selling within 100 yards of educational institutions. However, the law was framed before the rise of app-based commerce and does not clearly address digital transactions. It also fails to specify how online platforms should verify age or ensure responsible distribution.
Platforms like Zepto claim to have internal checks. They require self-declaration of age and prohibit deliveries near schools and colleges. Delivery personnel are reportedly instructed not to hand over tobacco items without verifying identification. Yet this reliance on self-regulation raises a serious concern. Is self-declaration enough to prevent minors from accessing harmful substances?
Legal experts argue that it is not.
Harshita Sharma, a practicing lawyer, says platforms often avoid full compliance with existing tobacco laws. “Section 6 of COTPA places the duty on the seller to ensure tobacco is not supplied to anyone under 18,” she explains. “Simply ticking a box online or uploading an ID does not shift the responsibility away from platforms. The burden of proof and enforcement still lies with the seller.”
Tanu Banerjee, partner at Khaitan & Co., highlights a major regulatory gap. India lacks a dedicated law to govern online tobacco sales. Without clear digital compliance rules, platforms operate in a legal vacuum with minimal oversight. Even when they display disclaimers or warnings, they may still violate the intent of the law.
The situation becomes more complex within mobile ecosystems. On Android, “Lite” apps and embedded mini-programs often bypass scrutiny. On iOS, main apps use vague keywords to avoid detection. The result is a seamless and low-barrier distribution system that remains hard to monitor or regulate.
Evidence of the consequences is beginning to surface.
According to the National Tobacco Control Programme, over 4,400 cases were registered by June 12 this year for selling tobacco to minors. While it is unclear how many involved online deliveries, the growing number suggests a serious enforcement gap across both digital and physical channels.
The Union Health Ministry and major tobacco companies like ITC Ltd and Philip Morris have not responded to media queries on the matter. But this silence should not be mistaken for inaction. With Aadhaar-based KYC and real-time delivery tracking now available, the pressure on regulators to step in is increasing.
The ethical responsibility here is not only about following the law. It is also about protecting public health. When platforms promote fast delivery and easy access, they must also consider the long-term effects on society. If tobacco becomes as easy to order as toothpaste or milk, its harmful image may fade—especially among young users. Quick commerce has transformed consumer behavior. But when that transformation begins to enable access to addictive substances, it is time to rethink priorities.
India should not wait for a full-blown public health crisis before updating its rules for online tobacco sales. The law must evolve with technology. It must include mandatory age checks, clearly defined penalties, and stringent enforcement measures. Fast delivery should not compromise public safety. Convenience must not override accountability.
In today’s digital world, regulation is not a barrier. It is the shield that protects public health.
.jpeg)
