JG v City of Vienna

The Austrian Administrative Court addressed an appeal by J G, the managing director of J GmbH, against a penalty imposed for violating the Tobacco and Non-Smokers Protection Act (TNRSG) of 1995. The violation concerned the advertising of electronic cigarettes and related products on the company’s website, which included promotional language such as “the ingenious vaping lounge” and “a new concept,” alongside product recommendations and pricing. A fine of €1,400 was imposed.

Part of the appeal was declared inadmissible for procedural reasons. The remainder of the appeal was dismissed as unfounded, with the court reaffirming that the TNRSG prohibits online advertising of tobacco-related products, even when legally sold. It held that the website content constituted prohibited advertising, as it went beyond a mere listing of products and prices. The court emphasized that "advertising" under the TNRSG includes any form of commercial communication that directly or indirectly promotes sales and clarified that exceptions to the ban—such as those applicable to specialized retail stores—do not apply to online platforms.

 

JG v City of Vienna, Administrative Court of Austria, Case No. Ra 2018/11/0143 (2021)

  • Austria
  • Jun 4, 2021
  • Administrative Court of Austria

Parties

Plaintiff JG

Defendant Magistrate of the City of Vienna

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product