The European Commission claim the Tobacco Products Directive (TPD) legislation will “improve the functioning of the internal market for tobacco and related products, while ensuring a high level of health protection for European citizens.”
Article 20 of the TPD relates to electronic cigarettes and eliquids. It has some specific consequences for the way in which vaping devices and e-liquid may be manufactured and sold.
The company were given permission from the UK Administrative Court to bring a judicial review action, obtained after issuing court proceedings against the Secretary of State for Health.
A hearing will took place on the 6th of October 2014 and the Administrative Court judge determined that the matter ought to be referred to the Court of Justice of the EU.
We are waiting for a hearing at the Court of Justice of the EU to assess whether Article 20 breaches EU law. This will happen in the latter part of 2015.
Susan Garrett, representing the company on behalf of Addleshaw Goddard LLP: "Totally Wicked believes that the Tobacco Products Directive is a misconceived and disproportionate attempt to regulate electronic cigarettes. Today's decision is a key milestone for our client, given the impact it believes the Directive will have in stifling this emerging market.”
The strict regulation will lead to less innovation, we will not see the constant push to different and better performing atomisers and different blends of juice will cease.
The financial costs will mean fewer suppliers in the marketplace. This will stop competition and increase prices to you.
The vendors who do survive will carry reduced product ranges and limit your choice.
Product prices will also rise due to the increased costs of over-regulation.
It will lead to the laughable situation that equipment for vaping will become less available than cigarettes and other tobacco products.
Portugal and Italy have demonstrated that when harsh legislation is put in place significant numbers of vapers returned to smoking. It is reasonable to see that this will happen here too.
Strict legislation will prevent existing smokers from having a healthier, attractive vaping alternative.
“Not only is it disproportionate, we believe it is contrary to established EU law. For nearly 30 million people in the EU, electronic cigarettes provide a viable alternative to smoking tobacco cigarettes.”
“We may have launched this challenge, but it is a challenge we hope all vapers and all of industry can support. We want it to be our challenge – vapers and the electronic cigarette and e-liquid industry, for if the TPD is implemented in its current form we will all lose out.”
Totally Wicked have created a website http://article20legalchallenge.com/
On the website there is a petition where you, your friends who vape and everyone who supports you vaping can express your backing for Totally Wicked’s legal action.
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