M. E. v City of Vienna

The Administrative Court of Vienna ruled on an appeal by Mr. M. E. against a penalty issued by the Magistrate of the City of Vienna for violating Austria's Tobacco and Non-Smokers Protection Act (TNRSG). The case involved an online shop that advertised electronic cigarettes, with language such as “modern alternative,” “maximum vaping pleasure,” “products that know how to inspire with their variety of flavors,” which was deemed a form of prohibited advertising under the TNRSG.

The court considered the severity of the violation, its impact on consumer and youth protection, and the appellant’s prior clean administrative record, and a fine of €700 was deemed appropriate to deter future violations.

M. E. v City of Vienna, Vienna Administrative Court, Case No. VGW-021/014/13613/2016-5 (2017)

  • Austria
  • Jul 25, 2017
  • Vienna Administrative Court

Parties

Plaintiff M. E.

Defendant Magistrate of the City of Vienna

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product