EU Holland bans e-cigarettes
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This is what I got from Google Translate:
The decision of the Minister to the e-cigarette final to qualify as a medicine is based on the Medicines Act. The judge must now give a preliminary assessment on whether the definition in the Medicines that decision can bear. In answering that question, the Medicines Act where necessary and possible, be construed in accordance with the Medicines Directive (Directive compliant interpretation). The assertion of the State, the e-cigarette pharmacological properties that the physiological functions of human influence and therefore alone as drug should be considered preliminary judgment can not be followed. The e-cigarette is indeed not intended to induce such effects. By the words "intended to be administered or used for" in the statutory definition stimulants like alcohol and tobacco from the application of the law are excluded. The same applies to the judgment of the court for the e-cigarette. This does not mean that nicotine-containing products are not medicines can be. Thus, the Nicorette inhaler (already) on the basis of the presentation criterion is qualified as a medicine. In answering the question still remains whether a directive conforming interpretation of the statutory definition to the classification of the e-cigarette as a drug can lead. The State has argued that it is not the State is to scientifically demonstrate that the e-cigarette the pharmacological effects of the product under the Medicines Directive and the Medicines for products. This view considers the judge untenable. It is the minister who has decided to e-cigarette as medicinal brands. It is to the Minister for which adequate justification. In this case rests under Article 150 of the Code of Civil Procedure in principle to the State the burden of proof in law of the propositions which he wishes to see. On this basis, the court considers that the decision of the Minister to the e-cigarette (final) as medicinal brands, in violation of the law and the general principles of good governance, particularly the justification principle and the principle of legal certainty. This is the land to the (amended) enforcement of the Minister come to slip. The advanced command to import the e-cigarette from outside the European Union and the marketing thereof in the Netherlands to allow, will be designated.
The decision of the Minister to the e-cigarette final to qualify as a medicine is based on the Medicines Act. The judge must now give a preliminary assessment on whether the definition in the Medicines that decision can bear. In answering that question, the Medicines Act where necessary and possible, be construed in accordance with the Medicines Directive (Directive compliant interpretation). The assertion of the State, the e-cigarette pharmacological properties that the physiological functions of human influence and therefore alone as drug should be considered preliminary judgment can not be followed. The e-cigarette is indeed not intended to induce such effects. By the words "intended to be administered or used for" in the statutory definition stimulants like alcohol and tobacco from the application of the law are excluded. The same applies to the judgment of the court for the e-cigarette. This does not mean that nicotine-containing products are not medicines can be. Thus, the Nicorette inhaler (already) on the basis of the presentation criterion is qualified as a medicine. In answering the question still remains whether a directive conforming interpretation of the statutory definition to the classification of the e-cigarette as a drug can lead. The State has argued that it is not the State is to scientifically demonstrate that the e-cigarette the pharmacological effects of the product under the Medicines Directive and the Medicines for products. This view considers the judge untenable. It is the minister who has decided to e-cigarette as medicinal brands. It is to the Minister for which adequate justification. In this case rests under Article 150 of the Code of Civil Procedure in principle to the State the burden of proof in law of the propositions which he wishes to see. On this basis, the court considers that the decision of the Minister to the e-cigarette (final) as medicinal brands, in violation of the law and the general principles of good governance, particularly the justification principle and the principle of legal certainty. This is the land to the (amended) enforcement of the Minister come to slip. The advanced command to import the e-cigarette from outside the European Union and the marketing thereof in the Netherlands to allow, will be designated.
Excellent news. The fightback against allegedly suborned officials is going well now, good wins in the US and NL.
Well done to all who worked for, and who paid the legal costs for, this decision.
Well done to all who worked for, and who paid the legal costs for, this decision.
- Apr 2, 2009
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Congratulations to Ray Story and the TVECA for filing the successful lawsuit challenging the Duch Ministry of Health's ban on e-cigarettes sales and imports.
Karlo
Member<br>Dutch Forum Moderator
we are very happy with this result! thanx Ray!
Karlo
Kenniscentrum E-roken - Nieuws, Informatie en Opinie - Index
Karlo
Kenniscentrum E-roken - Nieuws, Informatie en Opinie - Index
Highly encouraging news, as seen from an abroad perspective. Great to notice that TC's trick to exploit medical classification to impose a de-facto ban has not been working out, so far, when things have been taken to court! Is it already known if the Ministry of Health is now about to concede or about to take it on to higher instances? What is the time frame left for this Ministry of Health to possibly appeal this ruling?
the ban isn't really a ban in that sence, the minister of health thinks nic containing e-cigs are medication and meds needs to be sold with a special permid, witch basicly bans the nic-e-cig as it is today.
there has been a high appeal initiated by the dutch minister of health, 3 judges gonna say their verdict on the 26th...
if she wins as from july 1st nic-e-cigs are concidderd medication in Holland and no longer freely obtainible.
so fingers crossed she looses, vaping glycerin with a bit of flavor may not be my sweetspot.
there has been a high appeal initiated by the dutch minister of health, 3 judges gonna say their verdict on the 26th...
if she wins as from july 1st nic-e-cigs are concidderd medication in Holland and no longer freely obtainible.
so fingers crossed she looses, vaping glycerin with a bit of flavor may not be my sweetspot.
yeah, odds are looking good, still, you never know what the judges will do, you can read it here:
Spoedappèl VWS vs UTVG
Spoedappèl VWS vs UTVG
So far, as far as I know, every judge in every country that has been confronted with this decision has ruled on our side.
I seriously hope the same is true for you folks there in the Netherlands.
I seriously hope the same is true for you folks there in the Netherlands.
thank you, i sure hope so too, not even only for us, but also for any other country, as it may roll out in other EU countries too and eventually maybe even further. well, that is maybe even my biggest worry.
I know the United States judge made a ruling in our favor in similar circumstances.
And I believe Germany has also done so.
I think there might be another country too, but not sure.
But I'm not aware of any judge in any country that has ruled against us yet.
And I believe Germany has also done so.
I think there might be another country too, but not sure.
But I'm not aware of any judge in any country that has ruled against us yet.
yes, in the first round of this germany and the netherlands were teamed up i think, not sure if they are in this round too. if not then germany may have settled with outcome. i know that our minister is in a hurry because of the date of july the first, as that date was set to roll out her regulations, so she chose for the fast version of the high court, witch may work against her as her soliciter had barely any time to prepaire 
well, it still does look hopefull indeed
well, it still does look hopefull indeed
Last December, minister announced ban (classify e-cigarettes with nicotine as a medicine).
On March 13, court lifted ban:
Rechtspraak.nl - LJN: BV8613, Rechtbank 's-Gravenhage, 414117 / KG ZA 12-209
Next, the minister went on to appeal this March 13 decision.
Today, on June 26, the minister lost the appeal:
Rechtspraak.nl - LJN: BW8660, Gerechtshof 's-Gravenhage, 200.105.395/01
Could someone Dutch confirm this reading?
On March 13, court lifted ban:
Rechtspraak.nl - LJN: BV8613, Rechtbank 's-Gravenhage, 414117 / KG ZA 12-209
Next, the minister went on to appeal this March 13 decision.
Today, on June 26, the minister lost the appeal:
Rechtspraak.nl - LJN: BW8660, Gerechtshof 's-Gravenhage, 200.105.395/01
Could someone Dutch confirm this reading?
O yeahh, the state lost the case again!!!!! Will read in detail later, but it comes down to the fact that the court ruled against the state to consider the ec-cig a pharma product!!
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