Germany: High Court Rules E-Cig Not A Medicine

Source from:  The Tobacco Journal 11/24/2014

The Federal Administrative Court ruled electronic cigarettes and liquids are not medicine, striking down claims to the contrary by municipal, state and federal authorities, according to Deutsche Presse-Agentur.

The high court upheld a lower court ruling in favour of a former shop owner who was prevented by municipal authorities from selling e-liquids with nicotine in the city of Wuppertal, the news agency said. The administrative court in Leipzig also upheld the claims of two e-cigarette manufacturers that the Federal Institute for Drugs and Medical Devices (BfArM) and health ministry officials in the state of North Rhine-Westphalia improperly declared e-liquids as pharma products, dpa said.

By May, 2016, Germany must develop national regulations that comply with the revised EU Tobacco Products Directive, which allows e-cigarettes and liquids with a nicotine content below 20 mg/ml to be regulated as tobacco products. Austria is an example of an EU country that currently requires e-cigarettes with nicotine liquids to obtain certification as a medical inhaler and pharmaceutical product. Health authorities in the United Kingdom have said they favour regulating e-cigarettes as medical devices. Enditem