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.

U.S. Convenience Stores Rebalance Backbar as Nicotine Pouches Outpace Cigarettes
U.S. Convenience Stores Rebalance Backbar as Nicotine Pouches Outpace Cigarettes
As cigarette volumes continue to decline, U.S. convenience-store operators are reconfiguring backbar space to accommodate modern oral nicotine products such as nicotine pouches. Industry data show nicotine pouches have become one of the fastest-growing nicotine categories while generating higher margins for retailers.
Jun.12
Opinion | As EU Reviews Tobacco Rules, Experts Warn Against Overlooking Smokers’ Alternatives
Opinion | As EU Reviews Tobacco Rules, Experts Warn Against Overlooking Smokers’ Alternatives
As the European Commission reviews its tobacco and advertising rules, two experts who provided written comments to 2Firsts argue that future EU policy should not overlook adult smokers’ alternatives. Dr Garrett McGovern and Dr Carmen Escrig say regulators should weigh relative risk, adult switching, flavours, consumer behaviour and scientific uncertainty alongside youth protection.
Industry Insight
Jun.01
Product | IQOS ILUMA i REMIX Limited Edition Launches in Japan, Bringing New Design Elements to Heated Tobacco Devices
Product | IQOS ILUMA i REMIX Limited Edition Launches in Japan, Bringing New Design Elements to Heated Tobacco Devices
Philip Morris Japan (PM Japan) has introduced the IQOS ILUMA i REMIX Limited Edition series, including the IQOS ILUMA i Prime REMIX, IQOS ILUMA i REMIX and IQOS ILUMA i ONE REMIX devices. The limited-edition models were officially announced in Japan on June 9, 2026, and began a phased market rollout from June 10. Featuring gradient color designs and visual customization elements, the collection highlights PMI’s continued use of limited editions to enhance brand experience within its heated tobacco portfolio.
Innovation
Jul.21 by 2Firsts Perspectives
BAT Restructuring to Affect 9,000 Roles as Tobacco Group Pushes Cost Cuts and AI
BAT Restructuring to Affect 9,000 Roles as Tobacco Group Pushes Cost Cuts and AI
British American Tobacco (BAT) plans to cut about 5,500 jobs globally and shift around 3,500 roles to strategic partners by the end of 2026, affecting about 9,000 roles in total, as the company seeks to simplify operations, strengthen technology capabilities and deliver £600 million in annual savings by 2028.
BAT
Jun.29
BofA: U.S. Nicotine Market Splits as Vapor Sales Fall 17.2% and Oral Tobacco Rises 5.8%
BofA: U.S. Nicotine Market Splits as Vapor Sales Fall 17.2% and Oral Tobacco Rises 5.8%
According to Investing.com citing Bank of America scanner data for the four weeks ending May 30, U.S. nicotine category performance was mixed, with cigarette, vapor and cigar sales declining while oral tobacco sales rose 5.8%.
Jun.10
Special Report|South Korean Lawmaker Queries China Tobacco Regulator Over Synthetic Nicotine as Export-Rule Gaps Emerge
Special Report|South Korean Lawmaker Queries China Tobacco Regulator Over Synthetic Nicotine as Export-Rule Gaps Emerge
A South Korean lawmaker has asked China’s tobacco regulator to clarify rules for e-cigarettes containing synthetic nicotine amid questions over product declarations and possible tax losses. The dispute exposes gaps between Chinese export requirements and destination-market rules, while underscoring the global impact of China’s licensing and traceability policies.
Jul.10