Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.