[h=3]Higher Administrative Court banned Minister of Health warnings against e cigarettes
23rd April 2012
By order of 23 April 2012 has the 13 By a "press release" the Senate of the Higher Administrative Court of the State of North Rhine-Westphalia (respondent) by interim order, the 16th December 2011 contained warnings against e cigarettes prohibited.
In this "press release" the North Rhine-Westphalian Ministry of Health before nicotine e-cigarette warned, because they must be considered as a drug, but were not approved and the drug trade is not punishable as an authorized e cigarette is. On the same day, the Ministry informed the district authorities through the existing legal situation in his opinion. Nicotine is a pharmacologically effective substance and nicotine-containing liquids are subject to the drug as a function of drug law. The e-cigarette as an applicator is subject to the Medical devices Act. The decree was given to all pharmacies in the area of North Rhine Chamber of Pharmacists acknowledge and indeed with the words "Please inform your staff / inside".
The applicant, the E produces and sells cigarettes, asked the Administrative Court in Düsseldorf, to prohibit the Department of these statements in the way of interim measures. This request was refused, the Administrative Court.
On the complaint of the applicant, the Higher Administrative Court of the aforementioned decision, the decision has changed the Administrative Court granted the request and desire, in essence.
In support, it stated: With regard to the media coverage on the marketability of the e-cigarette, talking Overriding that the disputed statements made by the Ministry acted as a ban. Therefore, the legal assessment of the ministry is to examine not only to its acceptability, rather, that the Court has its own legal assessment of the scale of the Medicines Act and the Medical devices Act to make. After that were the law in the "press release" and statements contained in the Order. The e-cigarette and a nicotine-containing liquid were not under the Medicines Act nor the Medical devices Act. The liquid does not meet the statutory requirements laid down a drug. It does not stand the withdrawal from nicotine or alleviate nicotine dependence in the foreground. The e-cigarette and its accessories have also not necessary for a therapeutic or prophylactic medicines intended purpose.
The decision of the Supreme Administrative Court is final.
He is to be found soon in the case law database NRWE
NRW-Justiz: Rechtsprechung Nordrhein-Westfalen.
File number: 13 B 127/12[/h]Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Verwaltungsgericht Köln
We popped a beer right after this yesterday ;o)
Georgie
23rd April 2012
By order of 23 April 2012 has the 13 By a "press release" the Senate of the Higher Administrative Court of the State of North Rhine-Westphalia (respondent) by interim order, the 16th December 2011 contained warnings against e cigarettes prohibited.
In this "press release" the North Rhine-Westphalian Ministry of Health before nicotine e-cigarette warned, because they must be considered as a drug, but were not approved and the drug trade is not punishable as an authorized e cigarette is. On the same day, the Ministry informed the district authorities through the existing legal situation in his opinion. Nicotine is a pharmacologically effective substance and nicotine-containing liquids are subject to the drug as a function of drug law. The e-cigarette as an applicator is subject to the Medical devices Act. The decree was given to all pharmacies in the area of North Rhine Chamber of Pharmacists acknowledge and indeed with the words "Please inform your staff / inside".
The applicant, the E produces and sells cigarettes, asked the Administrative Court in Düsseldorf, to prohibit the Department of these statements in the way of interim measures. This request was refused, the Administrative Court.
On the complaint of the applicant, the Higher Administrative Court of the aforementioned decision, the decision has changed the Administrative Court granted the request and desire, in essence.
In support, it stated: With regard to the media coverage on the marketability of the e-cigarette, talking Overriding that the disputed statements made by the Ministry acted as a ban. Therefore, the legal assessment of the ministry is to examine not only to its acceptability, rather, that the Court has its own legal assessment of the scale of the Medicines Act and the Medical devices Act to make. After that were the law in the "press release" and statements contained in the Order. The e-cigarette and a nicotine-containing liquid were not under the Medicines Act nor the Medical devices Act. The liquid does not meet the statutory requirements laid down a drug. It does not stand the withdrawal from nicotine or alleviate nicotine dependence in the foreground. The e-cigarette and its accessories have also not necessary for a therapeutic or prophylactic medicines intended purpose.
The decision of the Supreme Administrative Court is final.
He is to be found soon in the case law database NRWE
NRW-Justiz: Rechtsprechung Nordrhein-Westfalen.
File number: 13 B 127/12[/h]Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Verwaltungsgericht Köln
We popped a beer right after this yesterday ;o)
Georgie
