The Federal Office of Consumer Protection and Food Safety denied a tobacco company's request to sell a cigarette that contained a menthol capsule that releases a burst of flavor whenever the smoker crushes the capsule during smoking. The tobacco company appealed the government decision. In this decision the court upheld the agency's denial. The court found that the flavor capsules violated the principle of the Framework Convention on Tobacco Control that the attractiveness of tobacco products should not be increased by novel products. The court found that the effect of the releasing the refreshing flavor on demand encourages the smoker to remain dependent. Additionally, occasional smokers or young smokers may become addicted to cigarettes with the flavor capsule where they would otherwise be discouraged by the harsh and unpleasant tobacco taste. The court found that cigarettes with flavor capsules are more hazardous than conventional cigarettes, and upheld the ban.
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
The Federal Office of Consumer Protection and Food Safety denied a tobacco company's request to sell a cigarette that contained a menthol capsule that releases a burst of flavor whenever the smoker crushes the capsule during smoking. The tobacco company appealed the government decision. In this decision the court upheld the agency's denial. The court found that the flavor capsules violated the principle of the Framework Convention on Tobacco Control that the attractiveness of tobacco products should not be increased by novel products. The court found that the effect of the releasing the refreshing flavor on demand encourages the smoker to remain dependent. Additionally, occasional smokers or young smokers may become addicted to cigarettes with the flavor capsule where they would otherwise be discouraged by the harsh and unpleasant tobacco taste. The court found that cigarettes with flavor capsules are more hazardous than conventional cigarettes, and upheld the ban.