UAB Litrades Didmena v State Consumer Rights Protection Service

On July 21, 2023, UAB Litrades Didmena, an e-cigarette wholesaler, filed a complaint with the Vilnius Regional Administrative Court seeking to annul an Inspection Report issued by the State Consumer Rights Protection Service. The Inspection Report had determined that the company’s “Whoop disposable e-cigarette” did not provide a list of all chemical substances contained in the product, as required by law. A notification was then issued by the State Consumer Rights Protection Service to retail sellers of the company’s e-cigarette and the sellers were required to withdraw the e-cigarettes from trade.  

Before the Vilnius Regional Administrative Court, the company alleged that the notifications caused financial damage and damage to the company’s business reputation, as retailer sellers lost trust in the company. On July 26, 2023, the Vilnius Administrative Court denied the company’s request to annul the Inspection Report. The Court held that the Inspection Act (under which the Report was issued), was an interim, procedural, document only. The Court held that the Act did not have material legal consequences for the company and therefore could not be the subject of administrative review by the court. 

The company appealed to the Supreme Administrative Court of Lithuania, which concluded that the Regional Court unreasonably decided that the Inspection Act does not have legal consequences for the company. The Supreme Administrative Court of Lithuania ordered the Vilnius Regional Administrative Court to re-examine the matter.

UAB Litrades Dimena v State Consumer Rights Protection Service, Supreme Administrative Court of Lithuania, Case No. eAS-536-442/2023.

  • Lithuania
  • Sep 13, 2023
  • Supreme Administrative Court of Lithuania

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)

Law on Inspection of Goods

The Inspection Act

Law on Administrative Procedure

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product