Judgment against misleading advertising for e-cigarettes
According to a court ruling, misleading advertising for e-cigarettes is prohibited in this country. If the electronic glow stems are advertised as being less harmful than conventional cigarettes, this is not permitted.
Advertising slogans are misleading According to a court ruling, misleading advertising for e-cigarettes is prohibited. If the electronic glow stems are marketed as less harmful than conventional cigarettes, there has been no study of the safety and long-term consequences. Therefore, the judge responsible at the Higher Regional Court in Hamm ruled that advertising slogans that e-cigarettes do much less harm than tobacco cigarettes are misleading and are therefore inadmissible.
First-instance judgment confirmed The defendant company from North Rhine-Westphalia had touted their products with the statements "at least 1000 times less harmful than a tobacco cigarette" and "contains nicotine as the only pollutant". The fourth civil senate of the Higher Regional Court Hamm considered this to be misleading and issued the judgment on Friday that this was inadmissible (Az .: 4 U 91/13) and thus confirmed a first instance judgment of the Dortmund Regional Court.
Less toxic but not harmless E-cigarettes, in which so-called liquids evaporate electronically and are then inhaled, are significantly less toxic than conventional cigarettes, according to the results of a report submitted. But the court nevertheless referred to the lack of meaningful investigations into the safety and long-term consequences of electronic cigarettes. The advertising statements are therefore inadmissible. And the court considers that nicotine is the only pollutant to be wrong, because the main components of the liquids (propylene glycol) are harmless than nicotine, but not harmless.
Experts disagree about risks
There is still a lot of uncertainty about the health risks of e-cigarettes. On the one hand, cancer researchers warn that the risks of the battery-operated glow stalks that have been available since 2006 have been insufficiently researched. On the other hand, some experts believe that e-cigarettes can help smokers quit. However, as with conventional cigarette smoke, the liquid particles that are released into the room air when an e-cigarette is consumed could harm others. According to cancer researchers, e-cigarettes should be treated like normal cigarettes.
Smoking is only simulated. Politicians also do not agree. The green ministry of health in North Rhine-Westphalia warned of electronic cigarettes until the Münster judges forbade them to do so. The EU Commission, on the other hand, plans to treat the smoke-free diode stems like nicotine patches and chewing gums. Then a license as a drug would be necessary from a certain nicotine content. At the moment, however, they can still be purchased without restriction. The exterior of the e-cigarette only has something in common with the conventional glow stick. Smoking is only simulated without burning tobacco. Instead, a liquid based on a solvent is atomized. Nicotine and flavorings are usually added to the agent. (ad)
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