The e-cigarette is not a medicinal

In a lawsuit challenging the so-called e- cigarettes in the Free State of Bavaria has had to suffer a defeat. The administrative court in Munich ruled that the smoke-free e- cigarette is not a medical device within the meaning of the Medicines Act . With this decision, it has the view of the State objected and the action of an entrepreneur upheld (Case No. : M 18 K 12.5432 ) .

The liquid to inhale the smoke , there is , among others, of propylene glycol. The Court considers that it is not , this is a drug. These have to go through an extensive test procedure prior to approval. Not expressed the chamber at the oral decision on the question whether the smokeless cigarette is a tobacco product.

Requiring approval drug may be sold only after a lengthy and usually expensive admission through pharmacies . And Germany is with an estimated two million consumers a lucrative market for the e- cigarette. With their consumer the nicotine is inhaled in a liquid.

Escaped 100,000 euros profit

Trigger for the process was the seizure of a consignment e- cigarettes at the airport of the state capital . The public prosecutor brought against the recipient a procedure for violation of the drug laws. The method was finally adjusted and approved the delivery after one year. To Him be measures by the authorities , a gain of almost 100,000 euros escaped , said the plaintiffs.

According to him, the nicotine developed in China for the liquid is extracted from tobacco plants. Tobacco products are according to the law no drugs. In contrast, argued the lawyer of the country, the nicotine e- cigarettes will usually produced synthetically.

In Bavaria, an administrative court is concerned with the problem the first time . Similar procedures were already last year in North Rhine -Westphalia. The courts also had not classified the e- cigarette as a drug .