EU EU plans to ban e-cigarettes?

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Tom09

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Acc to my knowledge the EU parliament has organized in different political groups. Does anyone know which groups might support or be sympathetic to our cause? Maybe one should just ask each group what their stance is?

Idk, but for the time being, I would not pose an openly phrased question to the political groups of the EP. I’d think that this is unlikely to gain much. Such a question would be answered by their tobacco control experts, as they are the ones on topic. Several of those MEPs close to tobacco control, and from various political center groups, have already gone on record in parliamentary questions (search here). Accordingly, they just share the prohibition vision, the meme dominating the international tobacco control community (see US’ alphabet soup and WHO). It does not cling to them that denying smokers a safer alternative is utmost unethical. The only supportively phrased parliamentary question had come from one MEP of a political fringe group (see Q&A Rossi & Dalli), Commission’s answer to this was quite clear.

I’d guess that e-cig proponents could easily gain support at the left- and right-wing eurosceptic groups (EUL-NGL, (perhaps ECR), EFD) and from some Non-Inscrits. These groups might see an attempt to outlaw something legal that has done no harm to anyone, as just another transgression inherent to “bureaucratic cancer” and “democratic deficit”. The political game, however, can’t be won on the eurosceptic fringes. To gain the majority, we e-cig proponents would have to find friends within the left- to right-center groups (S&D, G-EFA, ALDE, EPP). And for reasons stated above, I would not address the group as a whole, but the individual MEP. Not sure, if would make sense to address the MEPs now, as they have nothing to decide yet. Better prepare now, get connected and in the end of 2012, when the Commission has published its proposal, contact MEPs urging to support (unlikely) or oppose (likely) the proposed EU legislation.
 

Tom09

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Parliamentary question to the EU Commission concerning “e-cigarettes”

Meanwhile EU Health Commissioner Dalli has answered the latest parliamentary question concerning e-cigs. Unsurprising bad news: the Commission sticks to feature the unqualified 2009 FDA report and the 2009 WHO TobReg prohibitionist clique report.

Answer given by Mr Dalli on behalf of the Commission

In the context of the forthcoming review of the Tobacco Products Directive 2001/37/EC(1), the question of electronic cigarettes marketed as consumer products is currently being analysed in the ongoing impact assessment. A possible extension of the scope of the directive to include these products and regulate their ingredients is among the various options being analysed. The Commission has not, at this stage, taken a final position on the preferred policy option.

When e-cigarettes are classified as medicinal products by Member States, such products are subject to an in-depth assessment of the effect and possible adverse reactions before the marketing authorisation is granted.

Currently, there is limited data available on the effects and side-effects of e-cigarettes. Analyses of electronic cigarettes conducted by the US Food and Drug Administration (FDA) have shown that the vapour produced can contain carcinogens, including nitrosamines, toxic chemicals such as diethylene glycol and other tobacco specific components suspected of being harmful to humans(2). The World Health Organisation (WHO) Study Group on Tobacco Product Regulation has concluded that there is concern that nicotine delivery to the lung might result in strong toxicological, physiological and addictive effects(3).

(1) Directive 2001/37/EC of Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products — Commission statement, OJ L 194, 18.7.2001.
(2) FDA: Summary of Results: Laboratory Analysis of Electronic Cigarettes Conducted By FDA. US: Food and Drug Administration (FDA), July 2009, Summary of Results: Laboratory Analysis of Electronic Cigarettes Conducted By FDA
(3) WHO Study Group on Tobacco Product Regulation, Report on the Scientific Basis of Tobacco Product Regulation: Third Report of a WHO Study Group, 2009.
 

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rolygate

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That was a state court in Germany, not the EU, unfortunately.

Every government or regional ban that has been challenged in court has been overturned, to date. It remains to be seen if the EU realise they are in for a fight if they come out against ecigs; or just take the pharma money, ban it, and hope.

The bans have all been overturned in court because courts deal in the letter of the law, and evidence. Legally, it is hard to turn a consumer product known to be harmless up to now into a potentially dangerous pharmaceutical; and there is no evidence of harm or the potential for harm, since all the ingredients are known to be harmless or acceptably safe (GRAS).

The question is, will the EU Health Commission risk legal action in the EU courts in order to please their apparent paymasters? Since on the surface this appears to be a no-cost high-benefit solution for their members either way, the worry is that they will. They don't have to pay the cost of losing, vs the personal benefits of doing as pharma asks. They've maintained a ban on Snus for ten years to please pharma, at a probable cost of tens of thousands of lives, so it seems obvious who they wish to please.
 

nicadd

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European Union Poised to Ban Electronic Cigarettes, Forcing Smokers to Be Able to Use Only the Most Hazardous Possible Nicotine-Containing Products

According to a working document leaked to the Tobacco Journal International, the European Union's revised Tobacco Products Directive contains a recommended ban on the marketing of all electronic cigarettes. More broadly, the Directive contains a ban on the marketing of all smokeless nicotine-containing products with the one exception of Swedish snus. This means that not only electronic cigarettes, but dissolvable tobacco products, orbs and strips, and all smokeless tobacco other than Swedish snus would also be banned.

According to the leaked draft of the Directive: "Only NCP [nicotine-containing products] that are authorised as medicinal products on the basis of their quality, safety and efficacy, and with a positive benefit/risk balance are allowed on the market. Otherwise, marketing of NCP is banned."

This one just refers to the above blog post:
Breaking News: EU Poised to Ban Electronic Cigarettes

According to a leaked memo highlighted in the tobacco analysis blog, and predicted in the past by this blog, the EU is likely to recommend a ban on electronic cigarettes shortly.

The EU plans to ban the marketing of all nicotine containing products which have not been approved as a medicine. This, of course, includes electronic cigarettes.

[h=3]Tobacco Product Directive leaked to the press [/h]
A draft of the EU's Tobacco Product Directive was leaked to the German press this week. ...
According to European news sources, the directive could be much worse than anybody feared. Lowlights include: -


  • Total ban on all forms of smokeless tobacco across the EU (except Sweden)
  • Total ban on e-cigarettes
  • Ban on menthol and other flavourings (previously rumoured, as I reported in April)
  • Standardised cigarette width, length and colour
  • Ban on shopkeepers displaying more than one variety of each brand
  • Graphic warnings on packs covering 75 per cent of the surface
 
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