I took the liberty of de-robotising that translation...
Nederlands (Holland) - Court decision: electronic cigarettes not a drug
26/06/2012
The (Holland) Ministry of Health can no longer call electronic cigarettes from the United Tobacco Vapor Group (UTVG) a drug. The court in The Hague determined this on Tuesday morning, on appeal. This means that the so-called e-cigarettes from this manufacturer may be sold everywhere now.
In an explanatory statement, the court stated that there is insufficient scientific evidence that the UTVG e-cigarette has a significant pharmacological effect on the user. Moreover, the court considers it likely that this type of cigarette is bought by consumers for pleasure, rather than as a product to quit smoking. The court cites the decision of Minister Schippers at the beginning of year as possibly 'illegal'.
The ruling comes after the state had lost when an earlier injunction against UTVG was overturned in court. After several years of uncertainty, the Health Ministry had been certain in January that a nicotine-containing e-cigarette could be seen as a medicine. This meant that the e-cigarette could only be sold with a license from the Medicines Evaluation Board (MEB).
The Ministry based its decision on the situation in neighboring countries such as Belgium, Germany [1], Denmark, France and Britain [2], where the product was also regarded as a medicine.
[This statement is untrue - see notes.]
Now no longer a drug, UTVG CBG can sell e-cigarettes without authorization. UTVG e-cigarettes can be sold in the Netherlands under the names Flavor Vapes, Vape Master, Premium, and Envy Want Vape. E-cigarettes are pending a final clarification on a limited number of places in stores such as Primera. It is estimated that tens of thousands of Dutch people use e-cigarettes.
The other vendors of e-cigarettes are still studying the ruling, says Betty van Veen Shots of VapeCheaper, the association of vendors of e-cigarettes in the Netherlands. "We will talk with VWS about retailing our products or, if preferable, we will go to court to enforce sales." [3]
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Notes
[1] In Germany, State bans on e-cigarettes have been overturned in two regions: Saxony-Anhalt and North Rhine - Westphalia. All classification as medicines in any region of Germany where this was challenged has been overturned.
[2] In the UK, the government medicinal licensing agency, the MHRA (Medicines and Health Regulatory Authority), an agency within the Department of Health, tried to ban e-cigarettes in 2010. They were blocked by a senior government agency, the RPC (Regulatory Policy Commission), and the proposed regulations were prevented. In effect, higher government blocked the Department of Health. In order to try to outmanouver the government, the MHRA (an agency primarily funded by the pharmaceutical industry) has announced its intention to go to law in 2013 to have e-cigarettes classified as a pharmaceutical. This will likely fail because the action will probably be based on three arguments that have already failed at law repeatedly.
[3] In these cases it appears that even though the court's decision only applies to one vendor, the government agency concerned does not challenge other makes because they realise they would lose, and probably incur costs-plus.