EU rejects vaping

UK firm loses legal challenge to the EU Tobacco Products Directive.

E-cig merchant Totally Wicked argued that the latest revision of the TPD, which regulates liquids and e-cigarettes, is unlawful under EU law because it violates one of the EU’s “four pillars”: freedom of cross-border trade.

TPD2 does ban distance selling of e-cig products, but the CJEU concluded that this is justified “to ensure that the rules on conformity are not circumvented.” The challenge also lost on grounds of proportionality and legal certainty.

The CJEU ruling also justifies the supremacy of the EU Parliament over intellectual property, such as trademarks. See the announcement (pdf) and commentary here.

Last week the Royal College of Surgeons expressed alarm that the pharmaceutical-industry funded quango the MHRA had only approved one product in six months, ahead of the TPD rules on e-cigarettes coming into effect later this month. ®