France’s E-Cig Ruling Could Set a European Standard

The European Union is publishing revisions next year to its Tobacco Products Directive, and it may look to France and its recent e-cigarette ruling for guidance.

December 17, 2013

PARIS, FRANCE — A ruling last week in France to restrict the sale of e-cigarettes could set a European precedent that disrupts the growing e-cigarette industry, USA Today reports.

Last week, a commercial court in Toulouse ruled that e-cigarettes qualify as tobacco products and should only be sold by registered tobacconists where their advertising is banned.

Erik Bloomquist, senior global tobacco analyst at Berenberg, said it will be critical to see how the European Union (EU) treats e-cigarettes when it publishes revisions to its Tobacco Products Directive in 2014.

"This (French ruling) could lead to greater regulation of the e-cigarette industry, and yes, in terms of manufacturing and distribution it could put a squeeze on the nascent e-cigarette industry," he said.

"It could in fact be more favorable for the majors (large tobacco companies) because the French ruling suggests that the EU or some major countries are not concerned with damaging the nascent e-cig industry," Bloomquist added.

If upheld, the French ruling would mean producers could only distribute their products through regulated tobacconists, something the larger firms are already doing.

Last month, EU proposals showed growing concerns over e-cigarettes with someone officials proposing to ban and remove the products from store shelves.

Currently, the EU does not regulate e-cigarettes in the same way that it regulates cigarettes and cigars. But the revised EU rules could change that, as it considers in which regulatory category e-cigarettes belong.

British American Tobacco noted the ruling was made in a local court and was not a national (French) ruling. "It is important consumers do not face legal restrictions on where they can use these products," BAT spokesman Will Hill said.

Advertisement
Advertisement
Advertisement