Judgement of the Federal Administrative Court: E-cigarettes may be further sold freely

Leipzig - suitor trade with E-cigarettes remains further legal. That decided the Federal Administrative Court and confirmed thus an earlier judgement of the higher administrative court in Münster. The judges judged (file references: BVerwG 3 C 25,13) the fact that E-cigarettes are not drugs and rejected thereby the legal concepts of the city Wuppertal, the country North Rhine-Westphalia and the Federal Republic of Germany from earlier procedures. Free trade and sale of products around E-cigarettes are round thereby as before in tobacco shops or on the Internet possible.

It is not in the opinion the judges drug nevertheless. “The Liquids is marketed alleviation or preventing of diseases not as means for healing, to just as few lets the product presentation develop with the consumer the impression of a drug”, was called it in a reason. From view of the court a “therapeutic suitability is missing to the Liquids, because a benefit of the E-cigarette cannot be occupied as aids for a permanent smoke and nicotine weaning scientifically.” Another decision of the court could have been connected with lengthy procedures of admission.

In two further decisions (file references: BVerwG 3 C 26,13 and BVerwG 3 C 27,13) had complained two manufacturers of E-cigarettes against Bundesinstitut for drugs and medicine products and a press release of the Ministry for health, emancipation, care and age of the country North Rhine-Westphalia from December 2011. Before both institutions had classified the Liquids as drugs - on the other hand the manufacturers resisted. In the first instance before the higher administrative court Münster had gotten it right. Also the judges in Leipzig followed this view.

The effect of E-cigarettes is disputed. From view of the cancer researcher Martina Pötschke-Langer they are healthwise precarious. “The main parts are Propylenglycol, that are in principle an oil product, flavour materials and a nicotine”, said the chief of the headquarter cancer prevention of the German cancer research center in Heidelberg. “The manufacturers of Propylenglycol warn even on their safety sheets to inhale steams those with heating the product up develop.” Besides make dependent nicotine in the E-cigarette, is a cellular poison and promote growth.