Two Tobacco Firms Allowed to Sue for EU Flavor Ban

The Four Courts Building on the river Liffey in Dublin, Ireland (Credit: Nigel)

Two manufacturers of next-generation tobacco products have been granted permission by Ireland’s High Court to bring a challenge over a new EU directive banning flavored heated tobacco products.

Ireland is set to transpose the new EU law by next July. But the country’s oldest tobacco manufacturer, PJ Carroll and Co., along with BAT-owned next-generation nicotine firm, Nicoventures Trading, claim the EU directive is invalid. Their challenge is against the Minister for Health, Ireland and the Attorney General.

Under previous regulations, flavored heated tobacco products were not banned, but this was changed by the EU Commission which wants member states to transpose the ban by July 23rd, according to Breaking News Ireland.

In 2021, PJ Carroll, which currently holds 10 percent of the Irish market for e-cigarettes, says it began taking steps to commercialize heated tobacco products in Ireland, including flavored ones.

However, the company says, the banning of these products by the EU severely undermined its “ability to capitalize fully on the unique opportunity of being the first company to launch heated tobacco products on the Irish market for adult smokers who would otherwise continue to smoke.”