E-cig company launches legal battle against EU
A leading UK electronic cigarette company has launched a legal battle over a European Union directive it fears will lead to stringent new regulations and stifle the market.
A British High Court judge has agreed to Totally Wicked taking its case to the Court of Justice of the EU (CJEU) in Luxembourg.
The company argues the EU Tobacco Products Directive (TPD) breaches EU law in seeking to regulate e-cigarettes, despite the fact they contain no tobacco whatsoever.
Mr Justice Green said the case should be sent to the CJEU for a preliminary ruling on the legality of the directive. A hearing is expected next year.
Totally Wicked's managing director Fraser Cropper said Article 20 of the directive would result in e-cigarettes being subjected to a stricter regulatory regime than some tobacco products.
He said: "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.
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