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Author Topic: TW wins latest stage of battle against planned regulations  (Read 1587 times)

itsmeitis

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TW wins latest stage of battle against planned regulations
« on: October 06, 2014, 05:57:54 PM »

Totally Wicked has been granted the right to challenge the EU Tobacco Products Directive:

totally wicked press statement

Leading Electronic Cigarette Company Wins Right to Challenge Tobacco Products Directive in Europe
courts case totally wicked news

Royal Courts of Justice, United Kingdom – Totally Wicked, the UK's leading electronic cigarette manufacturer, has won the right to formally challenge the validity of the EU Tobacco Products Directive (TPD) at the Court of Justice of the EU (CJEU) in Luxembourg.

At a hearing at the Royal Courts of Justice, Mr Justice Green today decided that a "preliminary ruling" reference should be made to the CJEU, to determine whether Article 20 of the TPD breaches EU law. It is expected that a hearing will take place at the CJEU in 2015. 

Totally Wicked becomes the first electronic cigarette manufacturer to win the right to challenge a Directive that will bring e-cigarettes and e-liquid within its regulatory scope as a "tobacco related product" - despite not containing tobacco - and subject e-cigarettes to more stringent regulation than some conventional tobacco products.

Electronic cigarettes are a revolutionary product with the potential to render tobacco cigarettes obsolete and prevent millions of deaths from smoking. Totally Wicked believes that the TPD is likely to adversely impact the availability of good quality, electronic cigarettes and e-liquids, and jeopardise the life-changing potential of e-cigarettes, resulting in a major detrimental impact on the public health of millions of people across the EU.

Specifically, 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.

Fraser Cropper, the Managing Director of Totally Wicked said: 

“Today marks an important step in our legal challenge. Article 20 of the TPD would result in electronic cigarettes being subjected to a stricter regulatory regime than some tobacco products. Not only is this article therefore disproportionate, we believe it is also contrary to established EU law. It is therefore vitally important that the UK court has decided that the CJEU should make a ruling on the lawfulness of Article 20.

For the sake of e-cigarette users and potential users, it is vital 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.”

Susan Garrett, the Partner leading the team at Addleshaw Goddard LLP mounting the challenge said:

"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.

We are pleased to be supporting Totally Wicked in pursuing this landmark challenge to the lawfulness of the Directive, and are delighted that our client will now have the opportunity to argue its case in Luxembourg during the preliminary reference proceedings."




BBC News

An electronic cigarette company has won the latest stage of its battle against planned new European regulations.

Blackburn-based Totally Wicked has been granted the right to challenge the EU Tobacco Products Directive (TPD), which is due to come into force in 2016.

The directive would see e-cigarettes classed as "tobacco-related products" even though they do not contain it.

At the London hearing, Mr Justice Green said the challenge could be referred to the European Court of Justice (ECJ).

Fraser Cropper, managing director of the e-cigarette company, said he took the case to court as he believes the EU regulations are "fundamentally wrong".

"We must not be seen as as company that does not believe in regulations in the sector," he said. "We do - we are a firm believer in robust, relevant and proportionate regulations.

"We don't see that in this particular directive - we see regulations which are ill-thought out, which aren't supported by evidence and which will have a counter-productive effect which is reducing the prevalence of these products which many thousands of people are finding beneficial."

The proposed regulations would ban reusable devices with high nicotine hits, limiting the amount of nicotine to levels similar to ordinary cigarettes.

Electronic cigarettes are designed to replicate smoking behaviour without the use of tobacco.

They turn nicotine and other chemicals into a vapour that is inhaled.

The hearing is expected to take place at the ECJ in Luxembourg next year.
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wyrm1973

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Re: TW wins latest stage of battle against planned regulations
« Reply #1 on: October 06, 2014, 06:05:57 PM »

like the way the bbc has a picture of Jason not Fraser :)

http://www.bbc.co.uk/news/uk-england-lancashire-29507359
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itsmeitis

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Re: TW wins latest stage of battle against planned regulations
« Reply #2 on: October 06, 2014, 07:35:10 PM »

like the way the bbc has a picture of Jason not Fraser :)

could have been worse - they could have used Roy!!! :o


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