E-cigarettes are not a medicine

Munich Administrative Court: E-cigarettes are not a medicine

06/13/2013

The smoke-free e-cigarettes are not covered by the Medicines Act, the Munich Administrative Court ruled. A manufacturer of the electronic Glimmstängel has been right. An explanation of the ruling by the Munich Administrative Court is still pending.

E-cigarettes due to the drug law in court
The battery-powered e-cigarettes evaporate so-called liquid by means of a heating coil, which develops the sensory effect of classic cigarette smoke. Liquid is sold in many different flavors, including fruity flavors like „Strawberry“, „banana“ or „lime“. In addition to water, the ingredients of the liquid are mostly propylene glycol, glycerine and food flavorings. Some of them contain nicotine, others do not. Advocates and opponents of the e-cigarette have long been arguing whether these are classifiable as a medicinal product subject to licensing due to the nicotine-containing liquid. This would be problematic for manufacturers because their products would then have to undergo a comprehensive test procedure. In view of the large number of buyers - according to the manufacturer, there are around 2 million consumers in Germany - this would be accompanied by great losses.

Procedures such as those in Munich were already underway in other federal states; last year, a manufacturer in North Rhine-Westphalia complained against the classification as a drug by the North Rhine-Westphalian Ministry of Health. This was then no longer allowed to warn in old form before the electric cigarettes. In Munich, the administrative court has now ruled in favor of the plaintiff entrepreneur, electronic cigarettes are therefore not subject to the Arneimittelrecht. Nationwide, however, the legal situation is still controversial. In Austria, nicotine-containing liquids have been considered as requiring approval since April 2007. There are also different opinions outside the European Union.

The health risks of e-cigarettes
There is a lack of clarity about the health risks of e-cigarettes. The German Cancer Research Center stated in 2011 that „electric cigarettes no harmless alternative to conventional glow stems“ are. Some liquids would therefore have carcinogenic ingredients such as tobacco-specific nitrosamines, which already „carcinogenic in small doses“ Act. Even the e-cigarette itself could not be equated in the opinion of the experts with a healthy opportunity for smoking cessation. Martina-Pötschke Langer of the German Cancer Research Center therefore advises against electronic cigarettes for health reasons. (Lb)

Image: Gisela Peter