EU E-Cigarettes Get Some Bad News From France

[hlk]

"A French court ruled Monday that tobacconists should have the exclusive right to sell electronic cigarettes—the smoke-free alternative to tobacco products—dealing a potential blow to the burgeoning e-cigarette industry. The commercial court of Toulouse also ruled that e-cigarettes should be subject to the same broad ban on advertising as their tobacco-based counterparts.The surprise ruling could influence efforts to regulate the sale of e-cigarettes across Europe as policy makers grapple with the question of whether they should be treated as tobacco products."

E-Cigarettes Get Some Bad News From France - Corporate Intelligence - WSJ

 

[Rickajho]

So are we lost in the shoulds here? Is that a non-committal ruling from a Court? Should - but we are only putting forward a suggestion? Should - now talk amongst yourselves about it? Should - but we really don't care? What the hell is that supposed to mean?

Another fine piece from a Wall Street Urinal blog. The same folks who told us the FDA was proposing banning of on-line sales of e-cigs... and was embarrassed into rewriting the blog entry less than 24 hours later when the FDA chewed them out for telling, what could be put mildly as, "blatant falsehoods." They didn't even have the decency to put the screw-up in the form of retractions while leaving the original WSJ blog post stand.

Now we have a report on a "should" Court order from France. Can it get any better in the WSL blogs?

 

[Julie W]

Certainly to my knowledge they did not rule that tobacconists were the only people able to sell Ecigs,the ruling (which has gone to appeal therefore likely to take up to 2 years here) ruled that it was 'unfair competition' with the tobacconist who brought the complaint
What the judge did say however was that it was classed as a tobacco product,as there is absolutely NO ruling on this at all,& he certainly wentbeyond his judicial powers by announcing this.

In France the 'Buralists' (tobacconists ) have the monopoly on tobacco related products,licenced by the state,IOW you can only buy these products there,what is worrying about this decision is that the buralists faced with diminishing cigarette sales are going to push for total control IF it is classed as tobacco.
The court procedures here can take years & if it ends up going to 'jurisprudence' equivalent of the Senate /House of Lords which it likely will we are talking 3yrs down the road.
Sorry I cant be more eloquent about this,I really don't understand the french legal system that much or the politics,this link gives a more accurate picture
http://www.thelocal.fr/page/view/french-court-bans-e-cig-store-in-landmark-ruling

A lawyers take on the decision use google translate
http://leplus.nouvelobs.com/contrib...-pour-moi-avocat-l-argument-ne-tient-pas.html