The e-cigarette advertisement is at the center of the trial between a tobacconist and a seller of electronic cigarettes. The Minister of Health has indicated that she intends to ban it.
The lawsuit brought by a tobacconist in Plaisance-du-Touch (Haute-Garonne) against a seller of electronic cigarettes opens on October 28. The tobacconist notably criticizes the Esmokeclean store for promoting its products. According to him, under the Evin law of 1991 on tobacco products, all advertising of a product similar to tobacco is prohibited.
Reynald Pirat, one of the owners of the e-cigarette shop, does not consider its products to be related to tobacco. In fact, the electronic cigarette is in fact neither a tobacco product nor a drug. A legal vacuum therefore surrounds the electronic cigarette, and in particular in terms of advertising. It is not possible to present it as a solution to smoking, nor as a cigarette. Until then, the sellers are paying attention. Maître Benjamin Echalier, lawyer for the Esmokeclean store, considers that in the absence of law, “everything is allowed” including advertising.
, lawyer for the Esmokeclean store: “ We are in the presence of a legal vacuum since electronic cigarettes are not governed by any law. “
The Minister of Health Marisol Touraine wishes to fill this legal void. Last May, she announced on France Info that she intended to ban the promotion of e-cigarettes. The government is currently working on a text in this direction. At the end of October, an opinion from the Council of State is expected to determine whether a circular or a modification of the public health code is preferable. The code now stipulates that “propaganda or advertising, direct or indirect, in favor of tobacco, tobacco products or ingredients defined in the second paragraph of article L. 3511-1” are prohibited.
The position of the Minister of Health may not be quite to the taste of the French federation of electronic cigarette professionals. Indeed, CACE “asks the government to fill the current legal vacuum which places professionals in a situation of total legal insecurity”. In a press release, he said he was “ready to comply with EVIN legislation on the ban on tobacco advertising by refusing to use the visual codes of traditional cigarettes (smoke, gesture, etc.). However, he categorically opposes a general ban which would have no justification with regard to the lesser harmfulness of electronic cigarettes. “
At the moment, only one amendment governs the sale of electronic cigarettes. This is a text which prohibits the marketing of this product to those under 18 years of age. In the absence of a formal ban, advertising and vaping in public places are permitted, or at least tolerated.
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