Share:
News Judgment E-cigarettes with nicotine may not be sold at the moment
Health experts have warned for a long time: e-cigarettes are not harmless. They contain in part substances that can cause disease. Nicotine has also been found in many products so far. However, it was decided in a court ruling that the trade in e-cigarettes containing nicotine is punishable in Germany.
Health damage from nicotine
Although the reason for the popularity of electronic cigarette smoke is sometimes cited as being healthier than tobacco and would also aid in withdrawal, recent studies show that e-cigarettes do not help smokers quit. And even with the health argument, it is not far away. Just recently, the German Cancer Research Center (DKFZ) in Heidelberg warned that health damage from nicotine is also threatening with e-cigarettes. Some scientists even go so far and claim that the electronic evaporators are sometimes more problematic than normal smoking.
E-cigarettes may no longer be sold with nicotine. Image: tibanna79 - fotolia Sales ban for young people
Especially with younger people, the electric glow sticks are popular. Last year, after prolonged planning, a ban on the sale of e-cigarettes for adolescents Now some products may no longer be sold to adults. As the news agency dpa reports is the trade in e-cigarettes containing nicotine, according to a landmark decision of the Federal Court of Justice (BGH) in Germany currently punishable. However, the area of justice is changing: according to the information, the trade in e-cigarettes should be put on a new legal basis by the end of May 2016, based on the implementation of an EU directive from 2014. It allows the placing on the market of liquids whose nicotine content does not exceed a certain concentration.
E-cigarettes are not smoked
The judges in Karlsruhe confirmed with their decision a fine of the District Court of Frankfurt against a man who had sold such electric cigarettes in his shop as well as online. The legal situation was initially unclear, since e-cigarettes have been spreading to the German market only for a few years. The problem is, for example, that the electronic glow sticks are not smoked in the true sense. Rather, when pulling on the mouthpiece, a liquid ("liquid") is nebulized and inhaled.
Federal Court classifies e-cigarette as a tobacco product
However, the BGH now classifies the nicotine-containing e-cigarette as a tobacco product. As stated in the dpa report, the previous regulations prohibit the admixture of certain substances such as ethanol, which are contained in the liquids. The online judgment published on Monday also comes from December 23, 2015. (Az 2 StR 525/13) It was initially not clear what consequences the verdict for the trade in e-cigarettes in Germany until the new legislation in May has. (Ad)