A case on a prohibition to place liquids for electronic smoking devices and tobacco substitute products containing flavourings on the market has been initiated
A case was initiated before the Constitutional Court on compliance of Section 4 of the Law of 11 January 2024 on Amendments to the Law on the Handling of Tobacco Products, Tobacco Substitute Products, Herbal Products for Smoking, Electronic Smoking Devices and Their Liquids insofar as it supplements Section 3(1) of the Law on the Handling of Tobacco Products, Tobacco Substitute Products, Herbal Products for Smoking, Electronic Smoking Devices and Their Liquids with clause 8 and clause 4 of paragraph 4 expressed in a new wording, and Section 19, as well as Section 3(5)(3) of the Law on the Handling of Tobacco Products, Tobacco Substitute Products, Herbal Products for Smoking, Electronic Smoking Devices and Their Liquids insofar as it applies to additives specified in Section 3(2)(4) of the Law, with the first three sentences of the Article 105 of the Constitution of the Republic of Latvia.
The applicant is a capital company whose economic activity is production and distribution of electronic smoking devices, filling containers and liquids thereof, as well as tobacco substitute products, including nicotine pouches.
The prohibition of the contested provisions to place on the market liquids of electronic smoking devices and tobacco substitute products containing such additives as menthol, its analogues, and geraniol, will enter into force on 1 August 2024, but the prohibition to place on the market the above products containing any flavourings, except flavourings creating tobacco scent or flavour, will enter into force on 1 January 2025.
It follows from the application that the applicant allegedly needs several months to validate and place on the market new products; therefore, the contested provisions make it take decisions on its further economic activity already now. Thus, the contested provisions have allegedly infringed the right of the applicant included in the first three sentences of Article 105 of the Constitution. The Constitutional Court invited the institution that issued the contested regulation – the Saeima – to submit a letter of response detailing the factual circumstances of the case along with a legal justification by 2 September 2024. The deadline for the preparation of the case is 01 December 2024. The Court will decide on the procedure and date for hearing the case once the case is prepared.
The related Case No. 2024-16-01
Linked case: 2024-16-01