Prohibition? The e-cigarette is in court

E-cigarette before is in court: A manufacturer sues against the ban

29.03.2012

The dispute over the e-cigarette goes into the next round. In North Rhine-Westphalia (NRW), the electric glowstick is assessed as a drug that may not be sold without approval. Against this prohibition now complains a manufacturer before the Higher Administrative Court (OVG) in Münster.

E-cigarette: medicine or stimulant?
A manufacturer of e-cigarettes is currently complaining to the OVG Münster on classification of legally controversial Glimmerstängel as a stimulant. He had lodged a complaint there after he had been defeated in an emergency proceedings against the Ministry of Health North Rhine-Westphalia in the first instance. The North Rhine-Westphalian ministry rates the e-cigarette as a medicine that is illegal to sell without authorization.

Although the electric glow sticks are banned in some countries such as NRW or Bavaria, the product enjoys great popularity. According to the manufacturer, there are currently between 1.2 to 2 million consumers in Germany. ascending trend.

According to its own assessment, the e-cigarette manufacturer has already achieved a first success in front of the OVG Münster, because the court has a legal notice „objected“, that nicotine-containing e-cigarettes were assessed by the Ministry of Health as drugs. As a result, a court spokesman said on Wednesday: „No decision has yet been made. This is only a legal indication, as it is done in other proceedings. "The court, however, rejected a substantive statement during the ongoing proceedings „direction“ of what the manufacturer wrote in his press release, „But that messes up in reporting, as if the company had already won. There can be no question of that ", reports the spokesman of the OVG. In the coming weeks, the court wants to announce a decision in the express proceedings.

Approval of the e-cigarette as a drug expensive, lengthy and complicated
A similar case is currently being heard by the Cologne Administrative Court. A producer association also claims that e-cigarettes are no longer being used as medicines. Approval as a medicine is not only complicated, expensive and lengthy, but would also mean that the electric glow sticks may only be sold to pharmacies in adults.

There are currently no scientifically based studies on the long-term effects of enjoying e-cigarettes. According to the federal government, however, there are sufficient indications of a harmful effect in order to warn against consumption. The German Cancer Research Center and the Federal Institute for Risk Assessment also warn of the health consequences.

E-cigarette becomes „steamed“
Among initiates is not from smoking but from „steam“ the e-cigarette spoken. The electric glow stick consists of a battery with electronics and air sensor, a tank and an evaporator chamber. In this chamber, the liquid, the flavored liquid, heated and evaporated at 65 to 120 degrees. The „Damper“ presses either a small button or the mechanism is automatically started with each move. Otherwise the e-cigarette is switched off. Visually, the controversial product is close to conventional cigarettes.

The so-called liquids are available in numerous flavors with and without nicotine. In addition to the typical tobacco flavor, there are, among other things, vanilla, almond and menthol. Carrier of the flavored liquid is propylene glycol. From this, and often also from glycerol, the steam is produced.

The Federal Center for Health Education (BZgA) criticized late last year that the ingredients of e-cigarettes are declared by many manufacturers only inadequate. Because in addition to nicotine, glycerol and propylene glycol, the liquids contain numerous other flavorings. The substances mentioned are suspected to be harmful to health. According to recent analyzes, the inhaled liquid vapor consists of up to 90 percent propylene glycol. This substance may cause respiratory irritation, as the BZgA warned. Consumers of e-cigarettes, on the other hand, hold that the use of steam appliances helps to stop or at least reduce the consumption of conventional cigarettes. In addition, there are no scientific evaluations that could prove a high degree of hazard. (Ag)

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