Lithuania

On May 12, 2023, the State Consumer Rights Protection Service completed an unscheduled inspection of an e-cigarette seller, UAB Litrades Didmena. The inspection resulted in an Inspection Report. The Inspection Report established that the labelling of the company's Whoop disposable e-cigarette did not comply with packaging requirements. The company applied to the Regional Administrative Court to annul the Inspection Report.  

On October 9, 2023, the Regional Administrative Court refused to accept the company's complaint. The Regional Administrative Court noted that, on its own, the Inspection Report did not impose a fine and did not cause material consequences for the company. Rather, the Inspection Report was an intermediate, procedural, document which was not subject to review. The Regional Administrative Court noted that while the Inspection Report could not be appealed, if a fine was eventually issued via a Final Report, then that Final Report could be appealed. 

Subsequently, the company appealed the Regional Administrative Court’s conclusion. On November 22, 2023, the Supreme Administrative Court of Lithuania held that the Regional Administrative Court provided sufficient reasons for its decision determining the Inspection Report was not reviewable. The Supreme Administrative Court dismissed the company's appeal and held that the company's financial losses were not a direct result of the Inspection Report, but rather arose from the actions of the company itself, or the actions of third parties which decided to return the e-cigarettes, which violated the law.