Minister of Health may criticize e-cigarette

The petition of a distributor has been dismissed: Minister is allowed to speak critically about e-cigarettes

18/01/2012

Due to the critical statements about e-cigarettes of NRW Health Minister Barbara Steffens (Green), a distributor for the electric smuggling had filed suit before the Administrative Court of Dusseldorf. He wanted to force the North Rhine-Westphalian state government to cancel. But the court rejected the application. This was announced by a court spokesman on Tuesday.

Health Minister Steffens warns against e-cigarettes
The discussion about the e-cigarette does not want to break off. After NRW Minister of Health Barbara Steffens already warned in December before consuming electrical cigarettes, complained now a distributor of e-cigarettes before the Düsseldorf Administrative Court (Az .: 16 L 2043/11).

At the end of last year, the minister was very critical about the enjoyment of the electric glowstick. Nicotine-containing e-cigarettes are at least health risky, so Steffens. The products the „currently marketed on the market, are all not approved or tested“, she explained. The commercially available liquid mixtures (liquid) contained very high amounts of nicotine, so that they would have to be classified as pharmaceuticals and also subject to the strict requirements for the approval of the German Medicines Act. So far there is no scientifically recognized proof that they „are not dangerous“, stressed Steffens. The European Union would therefore plan strict investigations.

Düsseldorf Administrative Court dismisses
A production company and distributor e-cigarette did not feel such remarks by Minister Steffens right and therefore submitted a complaint to the Administrative Court of Dusseldorf.

The court rejected the application, however. In his opinion, the statements of Minister Steffens represent no restriction on the professional freedom of e-cigarette distributors dar. As the Ministry of Health, Emancipation, Care and Age of the State of North Rhine-Westphalia, the authority in the field of pharmaceutical and medical device law. In the course of this she is in principle entitled to inform the public about information in this area. In addition, the Ministry's assessment that e-cigarettes are covered by the Medicines Act is justifiable.

The Minister of Health had also been critical of increased openings of special shops in which the electric glow stems and accessories are sold. So far, e-cigarettes have been sold mainly over the Internet. But recently, more and more shops are opening, in which the customer may even be allowed to try out. According to Steffens, a lot of money and time can be misinvested. „The Administrative Court has confirmed our legal opinion. I hope that the decision will help to make the discussion about the e-cigarette more objective where it is argued primarily with emotion rather than facts“, said the Minister of Health after the announcement of the court order. The decision of the Dusseldorf administrative court can be challenged by the e-cigarette manufacturers at the Higher Regional Court.

Proponents of the e-cigarette complain about alleged false statements
In recent days, advocates of the e-cigarette were sometimes aggressive towards the media. They complained about alleged false statements.

Already in December had the initiative „steamer sky“ wrote an open letter, which refers inter alia to the statements of Minister of Health Steffens on e-cigarette. The initiative is one of the proponents of the electric cigarette. (Ag)

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