New regulations on e-cigs included in the revised Tobacco Products Directive have taken a step closer to being introduced after a legal challenge against the measures was rejected by a senior EU legal officer.
Juliane Kokott, advocate general to the European Court of Justice, described the proposals, which would place restrictions on e-cigs nicotine strengths and advertising, as “relatively moderate” and not in breach of EU law.
It came in response to a legal challenge headed by e-cigs manufacturer Totally Wicked, which had claimed that article 20 of the new TPD was illegal under European law.
It includes measures to ban vaping products containing more than 20mg of nicotine, adding health warnings on packs, and banning advertising. A final ruling is expected early this year.
Ron Ridderbeekx, head of corporate and regulatory affairs at BAT, said the move paved the way for the regulations to be passed.
“There’s still an outside chance that the judge might see differently, but about 80% of these cases will follow the advocate general’s advice,” he said.
Fraser Cropper, managing director of Totally Wicked, added: “This is not a formal decision, nor a legal judgement on the questions we raised in our challenge.”