Irish Court Approves Challenge to EU Tobacco Directive

Jan.13.2023
Irish Court Approves Challenge to EU Tobacco Directive
Irish high court permits tobacco companies to challenge EU directive on flavored tobacco in e-cigarettes.

The Irish High Court has allowed two tobacco companies to challenge a new EU directive that prohibits the use of flavored heated tobacco products in electronic cigarettes.


The state is set to adopt new EU laws by July next year. However, the country's oldest tobacco manufacturer, PJ Carroll and Co Ltd, and UK marketing and sales company, Nicoventures Trading Ltd, are claiming that the EU directive is invalid. They are challenging Ireland's Minister of Health and Minister of Justice.


Under previous regulations, flavoring tobacco products during heating was not prohibited, but the European Commission has made changes to this and is hoping that member states will implement the ban before July 23.


These products require smokers to consume half the amount of tobacco compared to traditional cigarettes. They are electronic devices powered by batteries and are used to inhale heated tobacco instead of burning it. This process produces an aerosol containing nicotine, which the user then inhales.


They come in various flavors such as bubble gum, chocolate, and marshmallow. Critics argue that these flavors attract young users, while proponents believe they can help those trying to quit smoking.


In 2021, PJ Carroll, which holds a 10% market share in the Irish electronic cigarette market, announced that it is taking steps to commercialize heated tobacco products in the country, including flavored products.


However, the company stated that the EU ban on these products severely impairs its ability to "fully leverage unique opportunities and become the first company to launch heated tobacco products for adult smokers in the Irish market, otherwise they will continue to smoke.


Simon Carroll, director and trade manager of PJ Carroll, has stated in a sworn affidavit that the ban will also harm significant investments by British American Tobacco (BAT) group, which owns Irish and British companies, in developing "products". Such products would reduce health risks compared to traditional cigarettes while still meeting the preferences of Irish adult smokers, he said, adding that otherwise they will continue to smoke.


He stated that the restriction also has significant effects on the implementation of public health policies and anti-smoking campaigns, as traditional cigarettes have acceptable alternatives.


Tobacco companies PJ Carroll and Nicoventures have written a letter to the Minister for Health and the Attorney General, but have been informed that it is too early to challenge in any Irish court as many applicants, including PJ Carroll and Nicoventures, have already initiated a direct European Union challenge in the European Court of Justice (CJEU).


PJ Carroll and Nicoventures submitted an application to challenge the upcoming implementation of a directive in Ireland, which was confirmed by the Health Minister to take effect in July next year. The application was submitted to Judge Charles Meenan on Wednesday. As the application was unilaterally filed, only the plaintiff's representative appeared in court. The purpose of the application is to challenge the directive's intention to be converted into Irish law.


PJ Carroll and Margaret Gray SC of Nicoventures argue that their case is based on the accusation that the European Commission illegally extended the directive to cover their clients' products, without providing proper reasoning.


These companies claim that, among other things, the new directive is invalid because it constitutes an illegal exercise of power under the previous Tobacco Products Directive (TPD).


They also stated that the committee's assessment of "significant changes in circumstances" (when introducing a new ban) goes beyond the scope of the TPD's authority.


The court also learned that these companies will request to bring this matter before the European Union court for an initial ruling.


The judge expressed satisfaction with the approval but stated that he believed the mention of the CJEU must be dealt with first before addressing any other matter. He said that the case may return next month.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

South Korea Extends Vape Rules to Unmanned Stores After Bringing Synthetic Nicotine Under Tobacco Law
South Korea Extends Vape Rules to Unmanned Stores After Bringing Synthetic Nicotine Under Tobacco Law
South Korea's Ministry of Gender Equality and Family said on September 14 that it plans to designate unmanned e-cigarette stores as businesses where minors are prohibited from entering or working. Operators would be required to verify customers' ages and display notices restricting access by minors. The proposal is open for public comment through October 6. The move follows an April expansion of South Korea's statutory tobacco definition that brought products made with natural or synthetic nicotine under the Tobacco Business Act. Nicotine-free liquids and products using nicotine analogues such as 6-methylnicotine, however, remain an emerging regulatory issue.
Sep.21
Malaysia Withdraws Appeal Against Liquid Nicotine Ruling as Vape Regulation Framework Enters New Phase
Malaysia Withdraws Appeal Against Liquid Nicotine Ruling as Vape Regulation Framework Enters New Phase
Malaysia’s government has withdrawn its appeal against a High Court ruling concerning the regulatory status of liquid nicotine used in vape and e-cigarette products, according to reports by New Straits Times, Free Malaysia Today and CodeBlue on August 18, 2026. The Kuala Lumpur High Court ruled on May 15 that the government’s decision to remove liquid nicotine from the scheduled poisons list under the Poisons Act 1952 was irrational and made without proper consultation with the Poisons Board. The withdrawal ends the government’s appeal process, while the future regulatory framework for nicotine vape products remains under discussion.
Aug.21
FDA Authorizes Four More Nicotine Pouches as Review Pilot Expands Beyond Initial Decisions
FDA Authorizes Four More Nicotine Pouches as Review Pilot Expands Beyond Initial Decisions
The FDA has authorized four additional on! nicotine pouches, bringing the U.S. total to 30. The decision marks another outcome of the agency’s nicotine pouch review pilot, whose communication and review practices are now being applied more broadly across the category. It also extends Helix’s authorized portfolio from on! PLUS to the earlier on! line. Yet all FDA-authorized nicotine pouches still come from subsidiaries of PMI or Altria, underscoring how concentrated U.S. regulatory access remains.
Aug.05
PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
Philip Morris International’s global R&D chief Michele Cattoni met Liu Sanjiang, deputy director of China’s State Tobacco Monopoly Administration, in Beijing on Aug. 27. The meeting comes as China advances mandatory standards for heated cigarettes and nicotine pouches, laying groundwork for their domestic introduction. Cattoni has held senior roles in PMI’s heated tobacco development, while China’s draft standard covers multiple heating architectures, including systems similar in principle to PMI’s IQOS ILUMA technology.
Aug.27
JTI Makes Third Bet on South Korea as Ploom AURA Enters a Market Dominated by lil and IQOS
JTI Makes Third Bet on South Korea as Ploom AURA Enters a Market Dominated by lil and IQOS
Japan Tobacco International is stepping up its heated tobacco push in South Korea with Ploom AURA. Since its official launch in April 2026, the device's limited First Edition and Glacier White version have sold out, while distribution has expanded across Seoul, Incheon, Gyeonggi Province and airport duty-free channels. The rollout marks JTI's third major attempt to build a stronger heated tobacco position in South Korea, following Ploom TECH in 2019 and Ploom X Advanced in 2024. At the group level, JT plans to invest about ¥800 billion, approximately $5 billion, in reduced-risk products from 2026 through 2028, with heated products and Ploom identified as its primary investment priority.
Aug.14
Charlie’s Bets on Age-Gating and 678 PMTA Assets as U.S. Vape Enforcement Landscape Shifts
Charlie’s Bets on Age-Gating and 678 PMTA Assets as U.S. Vape Enforcement Landscape Shifts
Charlie’s Holdings said in its latest shareholder letter that it is moving to commercialize PACHA products and monetize its PMTA assets as the FDA changes enforcement priorities for unauthorized ENDS products. Thirty PACHA SKUs were previously tentatively identified for a proposed public list of products that the FDA generally does not intend to prioritize for enforcement. Charlie’s is also preparing test-market sales of age-gated flavored disposables and says it currently holds 678 PMTA-related product assets while seeking additional strategic transactions and partnerships.
Sep.11