Lithuania

The State Consumer Rights Protection Service fined UAB Litrades Didmena, an e-cigarette wholesaler and distributor, EUR 1,600 for violating packaging and labelling requirements when selling its Whoop e-cigarettes and for failing to provide product safety data sheets. The company appealed to the Vilnius Chamber of the Regional Court to annul the decision. 

On appeal, the company argued the State Consumer Rights Protection Service had created a reasonable expectation that the products were being lawfully sold due to its prior approval of similar products and its delays in enforcement. The Vilnius Chamber of the Regional Court concluded that it was not possible to create a reasonable expectation that it is permissible to violate the law and dismissed the company’s appeal. 

The company then appealed to the Supreme Administrative Court of Lithuania. On appeal, the State Consumer Rights Protection Service noted that the process for inspecting products for customs approval, and the process for reviewing packaging and labelling requirements, were separate. 

The Supreme Administrative Court of Lithuania concluded that there was both a factual and legal basis for the fine, as the company violated the law. The Court also decided that the fine did not unduly restrict the company’s economic activities more than necessary to meet the important objective set by lawmakers: making sure tobacco packaging and labels protect consumers.