In 2021, the Munich Administrative Court rejected an application by a tobacco wholesaler who objected to the ban on nicotine pouches. The court stated that nicotine pouches are classified as novel foods, and they have a nicotine content higher than the dose recommended by the European Food Safety Authority. In this matter, the Higher Administrative Court rejected an appeal by a wholesaler against an order prohibiting it from bringing nicotine pouches onto the market. The Court upheld that nicotine pouches are classified as foods containing the unauthorized novel food ingredient nicotine, and therefore they cannot be placed on the German market without novel food authorization.
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Regulatory measures consisting of political actions designed to punish the tobacco industry or tobacco users. The industry may argue such arbitrary and capricious regulations will fail to achieve the stated objective. They may also argue that the measures are too extreme, prohibitively expensive, and violate the principle of proportionality.
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.
Products not containing tobacco designed for nicotine absorption through the mouth. Examples include nicotine pouches, nicotine lozenges, and nicotine sticks. Oral nicotine products do not include any nicotine product approved by the government as nicotine replacement therapy.
In 2021, the Munich Administrative Court rejected an application by a tobacco wholesaler who objected to the ban on nicotine pouches. The court stated that nicotine pouches are classified as novel foods, and they have a nicotine content higher than the dose recommended by the European Food Safety Authority. In this matter, the Higher Administrative Court rejected an appeal by a wholesaler against an order prohibiting it from bringing nicotine pouches onto the market. The Court upheld that nicotine pouches are classified as foods containing the unauthorized novel food ingredient nicotine, and therefore they cannot be placed on the German market without novel food authorization.