UAB Litrades Didmena v State Consumer Rights Protection Service

On December 2, 2022, the State Consumer Rights Protection Service imposed a fine of EUR 1600 on UAB Litrades Didmena, an e-cigarette importer and wholesaler. The fine was for failing to provide product safety data sheets and for violations of packaging and labelling laws when the company sold its Whoop e-cigarettes. The company appealed to the Regional Court to annul the decision. 

The company alleged that the fine was improper as they placed their e-cigarettes on the market only after the e-cigarette had been inspected by customs. The company further alleged that, when selling an identical e-cigarette, the company received a decision that the e-cigarette could be offered for sale. On this basis, the company submitted that the State Consumer Rights Protection Service took contradictory positions which the company had relied on to its detriment. The State Consumer Rights Protection Service noted that the second product was selected for random inspection for marking compliance while the first product had not been, and, therefore, the positions were not contradictory.

The Court dismissed the company's appeal noting that no actions of any government office could create a reasonable expectation that it was permissible to violate the law. The Regional Court upheld the EUR 1600 fine, finding it fair and proportionate in light of the packaging and labelling violation. 

UAB Litrades Didmena v State Consumer Rights Protection Service, Case No. eI2-989-860/2024.

  • Lithuania
  • Feb 14, 2024
  • Vilnius Chamber Regional Administrative Court

Parties

Plaintiff UAB Litrades Didmena

Defendant State Consumer Rights Protection Service

Legislation Cited

Law No. I-1143 on Tobacco, Tobacco Products and Associated Products (as amended)

Protocol of Violation of the Law on Control of Tobacco, Tobacco Products and Related Products

VVAT Inspection Act

Protocol and Resolution Law on Labelling Restrictions

Law on Product Safety

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product