Clear The Air News Tobacco Blog Rotating Header Image

Blackburn-based e-cigarette manufacturer set to fight ‘unfair’ ruling

AN EAST Lancashire electronic cigarette manufacturer will formally challenge an EU directive this week which it says breaches European Union law and would put its industry at an unfair trading disadvantage.

Blackburn-based Totally Wicked is the only e-cigarette firm to win the right to challenge Article 20 of the EU Tobacco Products Directive (TPD), which will bring e-cigarettes and e-liquid within its regulatory scope as a ‘tobacco-related product’ – despite not containing tobacco.

It means e-cigarettes would be subject to more stringent regulation than some tobacco products.

And the company, which believes the TPD is likely to adversely impact the availability of good quality, electronic cigarettes and e-liquids, will formally challenge its validity at the Court of Justice of the EU (CJEU) in Luxembourg on Thursday.

Totally Wicked managing director Fraser Cropper said: “It is crucial that our industry is allowed to mature within a proportionate regulatory framework, which supports appropriate controls and safety requirements, and necessary social responsibility and continues to provide consumer choice to maximise the enormous potential of these products. Article 20 of this directive patently will not deliver this environment.”

Totally Wicked’s challenge is based on its view that Article 20 of the TPD represents a disproportionate impediment to the free movement of goods and the free provision of services, places electronic cigarettes at an unjustified competitive disadvantage to tobacco products, fails to comply with the general EU principle of equality, and breaches the fundamental rights of electronic cigarette manufacturers.

Left to develop under proportionate consumer regulation, e-cigarettes have the potential to render tobacco obsolete and prevent millions of deaths from smoking, a company spokesman added.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>