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.