The Council of State was seized by 5 associations of vapers. They want to cancel the advertising ban that applies to electronic cigarettes
In its desire to regulate vaping and apply the European directive on tobacco products, the government has decided to ban advertising in favor of electronic cigarettes. This on the airwaves, on television and in the streets.
Since May 20, 2016, any communication on vaping products is thus likely to be attacked by anyone with an interest (the State, an association, a tobacconist, a disgruntled neighbor). And the fine is dissuasive since it can go up to 100,000 euros.
Risk reduction
For many vapers and harm reduction associations, these provisions threaten freedom of expression on the subject. “They also prevent action in the field of health prevention by providing smokers with objective information on an alternative to the scourge of cigarettes”, write five of them (SOVAPE, SOS ADDICTIONS, Tabac & Liberté, FÉDÉRATION ADDICTION, RESPADD) in a statement released this Thursday. They add that this text no longer allows vapers “to discuss ways to avoid risks, and limits the ability to keep informed about better and increasingly secure products”.
According to these doctors and users, freedom of expression can only be limited for health reasons “but no evidence of harmfulness has been proven today” with this product, they believe. In addition, everyone would like to point out that smoked tobacco causes 78,000 premature deaths per year in France. “By banning all communication on vaping, the government is preventing a healthy debate on public health and on new opportunities for risk reduction”, they conclude.
The return of advertising
But these vaping activists do not intend to stop there. The associations called on the firm SPINOSI & SUREAU, SCP of lawyers at the Council of State and the Court of Cassation to represent them in an unprecedented legal action. Its goal is simple: to cancel the bans on propaganda and advertising, direct or indirect, on vaping.
On July 20, 2016, a motion to institute proceedings was filed with the Council of State to contest the order of May 20, 2016. “And this is only the first step. Everything will be done to win the case, ”they warn. The SOVAPE association will also organize a citizen fund at the start of the school year to allow anyone convinced of the merits of this action to contribute financially to legal costs.
As a reminder, an association of vapers, AIDUCE (1), has already filed a graceful appeal over the ban on e-cigarette advertising. This one directly with Marisol Touraine, the Minister of Health.
(1) The Independent Association of Electronic Cigarette Users
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