Today the Advocate General issued her opinion on the independent company Totally Wicked’s legal challenge to Article 20 of the TPD. It is important to emphasise that this is no more than an opinion. It does not constitute a judgement. This opinion will be considered alongside the opinions of other stakeholders early next year. These combined opinions will assist the CJEU judges in reaching a decision.
The IVVA hopes and expect that the CJEU judges will not blindly endorse this particular opinion. To do so would be to damage an emerging industry and, indirectly, to protect the position of the incumbent: tobacco. Though vaping is an imperfect alternative, it offers an exciting vista of new pathways away from cigarettes. To hamper vaping’s early development would be to stunt the growth of the most promising harm-reduction alternative to tobacco smoking.