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.

STIIIZY Redesign Fails to Escape PAX Labs Patent Import Ban as Section 337 Case Also Involves China ALD
STIIIZY Redesign Fails to Escape PAX Labs Patent Import Ban as Section 337 Case Also Involves China ALD
U.S. Customs and Border Protection ruled that STIIIZY had not shown that the redesigned cannabis-vape products covered by its latest request fall outside an ITC limited exclusion order tied to PAX Labs patents. CBP accepted some of STIIIZY’s claim-construction and non-infringement arguments, but the company did not address two additional claims in the same patent. Earlier STIIIZY redesigned cartridges and certain associated components imported with them had received separate CBP clearance.
Sep.16
Indiana Halts Sales of Elf Bar, Lost Mary, MR FOG and iJOY Vapes Under Foreign-Adversary Rules; Some Products Return After Compliance Filings
Indiana Halts Sales of Elf Bar, Lost Mary, MR FOG and iJOY Vapes Under Foreign-Adversary Rules; Some Products Return After Compliance Filings
Indiana's Alcohol and Tobacco Commission (ATC) ordered tobacco certificate holders in September to remove certain vaping products marketed under Elf Bar, Lost Mary, MR FOG, iJOY and other brands from inventory under the state's foreign-adversary product law. The agency later listed 257 MR FOG products and 77 Lost Mary product entries as lawful for sale. The Lost Mary revision expressly stated that compliance evidence had been received for 20 additional products. 2Firsts compliance expert Kurt said potential filings could include e-liquid and ingredient-origin records, U.S. nicotine-analog supply-chain documentation and FDA premarket application status.
Regulations
Oct.08
California Lawmakers Pass Disposable Nicotine Vape Ban, With Sales Prohibition Set for 2028
California Lawmakers Pass Disposable Nicotine Vape Ban, With Sales Prohibition Set for 2028
According to CBS Los Angeles on August 27, 2026, California lawmakers have passed Assembly Bill 762, which would phase out disposable, battery-embedded nicotine vapes in the state. If signed by Governor Gavin Newsom, manufacturing and importation of the covered products would be prohibited beginning January 1, 2027, followed by a sales ban on January 1, 2028. Driven primarily by concerns over electronic waste, lithium-battery fires and environmental pollution, the legislation would further shift California’s legal vape market toward rechargeable, refillable or replaceable-pod devices.
Aug.28
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI’s Nordic Spirit Signs Co-op Live Partnership Ahead of New UK Nicotine Sponsorship Restrictions
JTI nicotine pouch brand Nordic Spirit has entered a long-term partnership with Manchester’s Co-op Live, becoming the venue’s Official Nicotine Pouch Partner. The 23,500-capacity venue is the UK’s largest indoor live entertainment arena. Nordic Spirit will run in-venue activations for existing adult nicotine consumers and sell products at selected arena bars. The agreement was entered into before the relevant UK sponsorship restrictions were introduced, while the government intends to implement a comprehensive ban on advertising and sponsorship of vaping and nicotine products from June 1, 2027.
Sep.07
Product | KIWI Launches Spark 2 and Spark 2 Pro in Germany, Two Hardware Tiers Share Backward-Compatible 2ml Pods
Product | KIWI Launches Spark 2 and Spark 2 Pro in Germany, Two Hardware Tiers Share Backward-Compatible 2ml Pods
KIWI has launched the Spark 2 and Spark 2 Pro refillable pod systems in Germany at official prices of €18 and €29, respectively. Spark 2 uses an 800mAh removable lithium-ion battery in a pen-style body, while Spark 2 Pro features a 1,400mAh removable battery, a box-shaped design and vibration feedback every 20 puffs. Both devices use the same 2ml Spark V2 pods in 0.8Ω and 1.2Ω versions, with AirSync airflow adjustment and a choice between Cotton Tips and conventional Drip Tips. The new pods also remain compatible with the original KIWI Spark.
News
Sep.29 by 2Firsts Perspectives
IVG Parent Secures HMRC Excise Warehouse and Duty Stamp Approvals Ahead of UK Vape Tax
IVG Parent Secures HMRC Excise Warehouse and Duty Stamp Approvals Ahead of UK Vape Tax
Acme Vape Ltd, the company behind UK vaping brand IVG, has received HM Revenue & Customs approval to operate an excise warehouse for vaping products and participate in the Vaping Duty Stamps Scheme. The UK's Vaping Products Duty will take effect on October 1, 2026, at a flat rate of £2.20 per 10ml of vaping liquid. Acme Vape Ltd says its approved warehouse in Preston will become operational under the new regime on the same date.
Regulations
Sep.18 by 2Firsts Perspectives