Is an e-cigarette a cigarette? - Dispute goes to court

North Rhine -Westphalia has one of the sharpest Non smoking protection laws in Germany . The smokers have to do without in many places on tobacco consumption . At the same time the so-called e- cigarettes are on the rise, as a kind of substitute drug .wholesale vapor cigarettes

For the Ministry of Health is crystal clear that the e -cigarette falls under the law. Many a restaurateur or game room operator sees things differently. In the coming months, the first time the administrative courts in Cologne and Minden must therefore deal with the dispute . The restaurant owners are complaining about declining sales , since the Law on Protection of Non smoking came into force in May 2013.wholesale e cigarettes

In the Spielotheken turnover is since fallen by 15 to 20 percent complained Slots King Paul Gauselmann . The cigarette industry is likely to have an interest in ensuring that the e -cigarette is an alternative. At around 500 million euros of turnover is estimated using the e- cigarettes in the EU . Emphasizes the German cigarette association , the influence of the e- cigarette was in 2013 , " not quantifiable " and therefore not an issue.

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The tobacco companies but are already on the market or are preparing to , mitzumischen in the e- cigarettes, such as RJ Reynolds, British American Tobacco and Lorillard , the U.S. group . So far, the products are mainly from China. Well not entirely coincidental about the two pending proceedings on familiar names .

In Rheda -Wiedenbrück operates the nephew Paul Gauselmanns , Manfred Gauselmann , a gambling hall . As the clerk's office asking him to take action against e- cigarettes there , he moved before the Administrative Court Minden. Previously, the district court had set the penalty proceedings . And Paul Gauselmann sent word through his spokesman that the e -cigarette "is a marginal occurrence , which we still largely tolerate the moment " in the Mercury Spielotheken . They would however intervene if someone should feel harassed , "or there is a unique national legislation . "

In the Cologne process laments an innkeeper . His lawyer is the administrative law professor Holger Schwemer . Schwemer has written a report for the Association of eZigarettenhandels . Then the e - cigarette is not covered by the Non smoking protection law. The legal text mention the e- cigarette does not explicitly . There 'll only from " smoking " speaking, "and thus the process of pyrolysis, to which it does not come in the use of e- cigarette ."

Not surprisingly , that the house of Minister of Health Barbara Steffens ( Green ) has a very different view on things. Was in the explanatory memorandum of the draft law has been clearly referred to e- cigarettes, says ministry spokesman Christoph Meinerz . You reject yourself as close to a clarification of the federal government in December 2011, says the spokesman.

It says: " The federal government believes that electronic cigarettes basically fall under the Federal Non smoking protection law , because this law regulates a total ban without " smoking " in terms of consumption of certain product groups, such as cigarettes , cigars, herbal cigarettes or electric cigarette is differentiated. " in addition, the Federal Institute for Risk Assessment ( BfR) have emphasized in February 2012 , that threats to a third party " can not be ruled according to present knowledge " are .

There are so many different liquids , the so-called Liquids that was questionable what a smoker in the specific case actually inhale . " BfR recommends to treat e- cigarettes in Non smoking areas like traditional cigarettes and to prohibit the e- smoking there. "ego electronic cigarette wholesale

It now must decide the administrative courts . Concrete hearing dates are not yet available .