National Council of Consumers and Users (Associazione dei Consumatori) v. two electronic cigarette manufacturers [names redacted]
The National Council of Consumers and Users, headquartered in Rome, petitioned a civil division at the Court of Rome on September 13, 2019 against two e-cigarette defendants to have their marketing removed on the internet (including via defendants’ own social media accounts), printed publications, and through organizing or sponsoring public events aimed at promoting e-cigarettes.
The Court found in favor of plaintiffs holding that “[i]n view of the "restrictive approach to the advertising of electronic cigarettes and liquid refill containers" aimed at achieving "a high level of protection of human health", clearly stated in Paragraph 43 of Directive 2014/40/EU, the defense argument shall be dismissed..
The Court ordered:
- Defendants to remove all commercial communications related to electronic cigarettes and refill cartridges deemed unlawful (including content from their websites and social media pages and all unlawful content reposted by Defendants) within 15 days from the date of this judgment;
- Defendants will be fined € 500.00 for each violation and for each day of delay in the execution of this order; and
- Defendants are jointly liable to the reimbursement of all legal costs related to these proceedings in favor of plaintiffs and to a compensation of €6,000.00 in addition to administrative costs, VAT and CPA.