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.

HG Innovation, linked to IMiracle and ELFBAR, wins China patent for 6-methylnicotine salts covering vaping and oral products
HG Innovation, linked to IMiracle and ELFBAR, wins China patent for 6-methylnicotine salts covering vaping and oral products
HG Innovation Limited has been granted a Chinese invention patent covering 6-methylnicotine salt formulations and their use in oral and vaping products. The technology forms salts between 6-methylnicotine and alicyclic carboxylic acids, with granted claims extending to oral products, atomization substrates and electronic atomization devices. Applicant-generated tests reported differences in oxidation stability, in-vitro cytotoxicity and aerosol heavy-metal performance compared with selected benzoate or lactate controls. HG Innovation is directly linked to the broader IMiracle and ELFBAR business network.
Sep.04
BAT Expands ITC Infotech Partnership Across Poland, Romania and India to Advance AI
BAT Expands ITC Infotech Partnership Across Poland, Romania and India to Advance AI
ITC Infotech has expanded its multi-year strategic technology partnership with British American Tobacco (BAT), providing technology services across Poland, Romania and India while continuing to support BAT's newly launched Future Capabilities Centre in India and existing technology hubs in Malaysia and Mexico. The companies said the agreement will focus on AI-enabled innovation, technology capability building and greater operational efficiency. The partnership also aligns with BAT's broader Fit2Win transformation programme, under which the group is expanding the use of external technology and business-services partners to simplify its global operating model.
Aug.13
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
At the 2026 NACS Show in Las Vegas, Juul Labs displayed its JUUL2 e-cigarette system alongside existing products, age-verification messaging and mobile coupons, 2Firsts observed. The JUUL2 device and Virginia Tobacco and Polar Menthol pods received FDA marketing authorization in August 2026. Booth materials highlighted longer battery life, greater e-liquid capacity and connected-device features. A TruAge sign and a mobile coupon presentation also featured at the booth, with weekly offers available to age-verified adult nicotine consumers at participating retailers.
EXPO
Oct.09
Product | KT&G to Launch lil Tonino Lamborghini in South Korea, Bringing 3-Second Heat-Up to New HTP Platform
Product | KT&G to Launch lil Tonino Lamborghini in South Korea, Bringing 3-Second Heat-Up to New HTP Platform
KT&G will launch the lil Tonino Lamborghini heated tobacco device in Seoul on September 15, 2026. The product introduces a new heating technology called Flashwave Heating, which uses microwaves to heat tobacco sticks internally and delivers a manufacturer-rated heat-up time of about three seconds. The device features an all-metal aluminum body, a color display and a dedicated GUI, and launches alongside a new line of NAU tobacco sticks that are incompatible with existing lil consumables. Korean media describe the product as KT&G's first new heated tobacco platform since lil AIBLE was introduced in 2022.
Aug.31
Wisconsin Vape Directory One Year On: Retailer Reports Four Store Closures and 70% Staff Cuts
Wisconsin Vape Directory One Year On: Retailer Reports Four Store Closures and 70% Staff Cuts
Wisconsin's electronic vaping device directory has been fully enforced for more than a year, and local vape retailers say the reduced range of eligible products has contributed to declining sales, store closures and layoffs. Johnny Vapes owner Ben Hall said he has closed four of seven locations and cut about 70% of his staff. State law bars the sale of vaping devices not listed on the Wisconsin Department of Revenue directory and allows penalties of $1,000 per day for each unlisted device sold or offered for sale. In April 2026, the U.S. Court of Appeals for the Seventh Circuit allowed enforcement of the law to continue.
Regulations
Oct.10
From Nicotine Salts to Cocrystals: China’s Shenzhen Huabao institute explores a more stable form for sustained nicotine release
From Nicotine Salts to Cocrystals: China’s Shenzhen Huabao institute explores a more stable form for sustained nicotine release
China-based Shenzhen Huabao Collaborative Innovation Technology Research Institute Co., Ltd. has filed a patent application for a nicotine-ascorbic acid cocrystal, exploring a new solid-state form of nicotine. The patent proposes applications across e-liquids, heated tobacco sticks, oral tobacco, chewing tobacco and snuff. In nicotine pouch tests disclosed in the filing, cocrystal formulations showed less than a 6% decline in nicotine content after three months of accelerated storage and a release profile combining early-stage release with sustained delivery over 60 minutes. The filing reflects exploration of nicotine forms beyond conventional nicotine base and nicotine salts.
Aug.13