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:

  1. 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;
  2. Defendants will be fined €500.00 for each violation and for each day of delay in the execution of this order; and
  3. 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.

National Council of Consumers and Users (Associazione dei Consumatori) v. two electronic cigarette manufacturers [names redacted], case no. 57714 [Specialized Business Court](2019).

  • Italy
  • Nov 15, 2019
  • XVII Civil Division - Specialized Business Court
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Parties

Plaintiff Two electronic cigarette manufacturers [names redacted]

Defendant The National Council of Consumers and Users

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

None

Type of Tobacco Product

"In fact, in prohibiting commercial communications in information society services with the purpose or effect, direct or indirect, of promoting electronic cigarettes, the law makes no distinction between advertising messages published on web pages which consumers accesses voluntarily and those that are sent to them, with or without their consent. This applies both to the company's official website and to social media pages owned by the Defendants. Again, the fact that consumers need to verify their age before they can access the web page does not exclude the direct or indirect purpose and/or effect of promoting electronic cigarettes through images that show men and women in an attitude of Order for full admissibility of Civil Action n. 57714/2019 satisfaction or pleasure while using or in the presence of electronic cigarettes. Such images, as they contain prohibited advertising messages aimed at promoting the spread of use and, therefore, ultimately, the sale of electronic cigarettes must be removed from the social channels owned by or traceable to the Defendants."
"Therefore, and in 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 (that the company's official website and social media pages (such as Facebook and Instagram) should not be included in the scope of information society services in which commercial communications with the direct or indirect aim of promoting the sale of electronic cigarettes are prohibited) shall be dismissed."