Leading Electronic Cigarette Company Wins Right to Challenge Tobacco Products Directive in Europe

BLACKBURN, England, October 6, 2014 /PRNewswire/ --

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."

For further information please visit our website http://www.totallywicked-eliquid.co.uk/news/2014/october/totally-wicked-press-statement.html