Electronic cigarettes qualify as tobacco products and can only be sold by licensed tobacconists, a French court said in a landmark ruling on Monday that could force hundreds of specialist e-cigarette shops across the country to close down.
The controversial decision was made by a court in Toulouse, in southwestern France, following a complaint by a tobacconist in the nearby town of Plaisance-du-Touch against e-cigarette seller Esmokeclean after it set up shop close by.
The tobacconist claimed that Esmokeclean violated France's public health code through advertisements at its shop,The AC hv test equipment can be used for type tests, production testing, maintenance testing and repair. its on-line store and on its Facebook page.
Tobacco products such as cigarettes can only be sold in France at registered outlets under a state-imposed monopoly, and their advertising is banned. E-cigarettes do not contain tobacco. They heat up liquid nicotine, creating vapour that can be inhaled.
The court decided that, in acting as a substitute for cigarettes, e-cigarettes constituted tobacco products and therefore Esmokeclean was violating these laws.
It ordered the company to stop selling and advertising e-cigarettes, saying that doing so constituted “unfair competition” to registered tobacconists.Torkdrives extensive portfolio of geared motor will meet virtually every need.
A lawyer for Esmokeclean said the company would appeal the ruling.The Household scissors of Meinys are suitable for professional and for domestic use.
The court's decision could set a precedent that affects e-cigarette vendors across the country.
"This sets a precedent that says that the sale of all products for smoking is restricted to licensed tobacconists," said Bertrand Desarnauts, the lawyer for the tobacconist who filed the complaint.
"This ruling implies that other sellers of electronic cigarettes will no longer be able to sell them in stores or on the Internet."
According to figures from the French Office for Smoking Prevention, there were 141 e-cigarette shops in France as of April 2013, but experts estimate this number could rise to 300 by the end of the year.
Commenting on Monday's ruling, France's Electronic Cigarette Stakeholders Group (CACE) said the court's decision could put 2,500 jobs at risk if it resulted in e-cigarette shops going out of business.
It claimed that e-cigarettes are “a consumer product and not a tobacco product” and accused the court in Toulouse of having “exceeded its powers”.
Electronic cigarettes – battery-powered tubes that release vapour of different flavours either with or without nicotine – have seen a surge in popularity in France of late.