E-Cig Ltd. v. Ministry of Health

The Ministry of Health required a special permit for the import of any nicotine products to Israel as pharmaceutical drugs, except for smoking products. A company seeking to import electronic cigarettes challenged this decision arguing that electronic cigarettes are recreational products, rather than pharmaceuticals, and that the ministry has no authority to limit their freedom of occupation without any specific legislation banning electric cigarettes. The court noted that the goal of protecting the public from the risks of electronic cigarettes warrants a prohibition on their import and sale, however, this can only be done by the legislature; the Ministry of Health acted without authority and its decision is thus void.

DOWNLOAD DOCUMENT

E-Cig Ltd. v. Ministry of Health, HCJ 6665/12, Israel Supreme Court (2014)

  • Israel
  • Dec 3, 2014
  • Israel Supreme Court, Sitting as High Court of Justice

Parties

Plaintiff E-Cig Ltd.

Defendant Ministry of Health

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

None

Substantive Issues

Type of Tobacco Product