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Sucking tobacco is not chewing tobacco

Sucking tobacco is not chewing tobacco


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CJEU differentiates permitted from prohibited oral tobacco

Lozenge is not a chewing tobacco and is therefore largely banned in the EU. Sales are only permitted in Germany if the active ingredients are only released when chewing, judged on Wednesday, October 17, 2018, the European Court of Justice (ECJ) in Luxembourg (file number: C-425/17).

In the event of a dispute, it concerns products of the “Thunder” brand from the Danish manufacturer V2 Tobacco. The city of Kempten had banned a dealer from selling it because it was illegal "tobacco for oral use". The dealer complained.

The background is the ban on “tobacco for oral use” in the EU. For historical reasons, there are exceptions only for Sweden. In addition, the ban does not apply to tobacco products that are “exclusively intended for chewing”.

The Bavarian Administrative Court (VGH) in Munich now asked the ECJ how chewing tobacco and banned “tobacco for oral use” should be distinguished.

According to the Luxembourg judgment, chewing tobacco is considered to be products "that can only release their essential ingredients in the mouth by chewing". On the other hand, tobacco products that can also be chewed, but which also release their active ingredients by sucking or holding them in the mouth, are regarded as prohibited “tobacco for oral use”.

The products in dispute here are marketed as "Chewing Tobacco". However, the judges of the VGH Munich must now check whether chewing is really necessary for the active ingredients to be released. mwo / fle

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Video: Susan Lundsten, CPCS, talks about quitting smokeless tobacco (June 2022).


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