TOBACCO CONTROL LAWS

Nicoventures Trading Ltd. v. European Commission

Nicoventures Trading Inc., part of the British American Tobacco Group, and other applicants sought the annulment of Commission Delegated Directive (EU) 2022/2100, which amended Directive 2014/40/EU (Tobacco Products Directive) to ban characterizing flavors in heated tobacco products (HTPs) and impose labeling requirements such as health warnings. The court dismissed the action as inadmissible, holding that the applicants were not justified in claiming that they were individually concerned by the contested measures.

DOWNLOAD DOCUMENT

Nicoventures Trading Ltd. v. European Commission, Case T-706/22, Court of Justice of the European Union (2023).

  • European Union
  • Sep 20, 2023
  • Court of Justice of the European Union

Parties

Plaintiff Nicoventures Trading Ltd.

Defendant European Commission

Legislation Cited

Commission Delegated Directive (EU) 2022/2100 amending Directive 2014/40/EU of the European Parliament and of the Council as regards the withdrawal of certain exemptions in respect of heated tobacco products

Directive 2014/40/EU, Tobacco Products Directive (as amended)

International/Regional Instruments Cited

Commission Delegated Directive (EU) 2022/2100
Directive 2014/40/EU (Tobacco Products Directive (TPD))
Treaty on the Functioning of the European Union (TFEU)

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)

Substantive Issues

Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

Heated tobacco products (HTPs)

Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.

1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2024 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by