Received a warning letter from Verband des eZigarettenhandels (VdeH)?

Why the VdeH issues competition law warning letters

The Verband des eZigarettenhandels (VdeH) is an industry association in the field of e-cigarettes and refill containers. According to its own statements, the association aims to promote fair competition within the industry. In this context, the VdeH may issue competition law warning letters to retailers, manufacturers, or importers.

Which companies are most frequently affected

Typically affected are online shops and brick-and-mortar retailers that distribute e-cigarettes, liquids, or refill containers, as well as manufacturers and importers that place products on the market or advertise them.

In which cases the VdeH becomes active

Warning letters regularly relate to alleged competition law violations in connection with product distribution, product presentation, and advertising in the e-cigarette market.

Act quickly now in the event of a VdeH warning letter

Be sure to observe the short deadlines in the warning letter

Competition law warning letters usually set a deadline for submitting a cease-and-desist declaration. This deadline must be taken seriously. Legal review by an attorney should always take place before the deadline expires.

Consequences of missing the deadline

If the deadline is missed, court action may follow, in particular an application for a preliminary injunction or the filing of a lawsuit. This may result in further costs and significant economic risks.

Why immediate legal assistance is crucial

The earlier the warning letter is reviewed, the greater the opportunities are to limit risks, comply with deadlines, and develop an appropriate defense strategy.

Do not sign the VdeH cease-and-desist declaration without review

Lifelong binding effect of the cease-and-desist declaration

A cease-and-desist declaration subject to a contractual penalty can create long-term and effectively permanent obligations. It typically involves a commitment to refrain from certain actions in the future and to pay a contractual penalty for each violation.

Typical risks of the pre-formulated declaration

Pre-formulated cease-and-desist declarations are often broadly worded and may go beyond what is legally required. This can lead to unnecessary restrictions in business operations and increased risks of contractual penalties.

When a modified cease-and-desist declaration may be appropriate

In many cases, it is advisable to adapt the cease-and-desist declaration to limit its scope and reduce risks. Whether and how a modification is possible depends on the specific allegation and the legal circumstances.

Typical grounds for warning letters in the e-cigarette sector

Violations of the Tobacco Products Act

Common points of dispute concern requirements for placing products on the market, product presentation, or the legal classification of e-cigarettes and refill containers. In particular, requirements under tobacco products law may be decisive. Errors in advertising for e-cigarettes and liquids.

Labeling and warning notice violations

Mandatory information and warning notices must be provided correctly, completely, and visibly depending on the product category. Incorrect or incomplete information may be relevant under competition law.

Youth protection in online commerce

The distribution of e-cigarettes and refill containers is subject to youth protection requirements. Insufficient age verification or shipping processes may create competition law risks.

Competition law violations in vape shops

In addition to product-specific requirements, general competition law issues may also play a role, such as misleading information, pricing information, or mandatory information in the online shop.

Your defense against a VdeH warning letter

Review of the association’s standing to bring claims

An important step is to examine whether the association is entitled in the specific case to assert competition law claims and whether the statutory requirements are met.

Legal assessment of the alleged violation

It must be clarified whether a competition law violation actually exists, which provisions apply, and whether the warning letter meets the formal and substantive requirements.

Development of the optimal defense strategy

Depending on the situation, rejection, a modified cease-and-desist declaration, or a settlement solution may be considered.
The goal is to limit cost risks and continue business operations in a legally compliant manner.

Negotiation or court representation

If necessary, communication with the association will be handled as well as representation in court proceedings, in particular in preliminary injunction proceedings or main proceedings.

Specialized attorney for e-cigarette & tobacco law

Particular expertise in the vape and liquids market

Defending against warning letters in this segment requires an understanding of the specific legal requirements for e-cigarettes, refill containers, and tobacco products, as well as the industry’s typical distribution channels.

Experience with competition law warning letters

Competition law warning letters are often standardized, but the defense is not. Decisive factors are prompt review, a clear action plan, and legally secure solutions.

Nationwide representation of retailers and manufacturers

Advice and representation can be provided nationwide, in particular for online retailers, manufacturers, and importers in the field of e-cigarettes and refill containers.

Frequently asked questions about VdeH warning letters (FAQ)

What does a VdeH warning letter cost?

The costs claimed depend on the individual case, for example on the alleged violation and the expenses demanded. Whether the costs are recoverable is a matter for legal review.

Do I have to submit the cease-and-desist declaration?

Whether a cease-and-desist declaration should be submitted depends on whether the allegation is justified and how the declaration is drafted. Submitting one without review can create significant risks.

Can you defend yourself against the warning letter?

Yes. Depending on the circumstances, rejection, negotiations, or judicial clarification may be considered. A fast and expert review is crucial.

How quickly must I respond?

You should respond immediately, particularly due to the regularly imposed deadline for submitting a cease-and-desist declaration. Be sure to obtain legal assistance before the deadline expires.

Received a warning letter from the VdeH? Have it reviewed by an attorney now

Request a prompt initial assessment

Have the specific allegation, the deadline, and the requested cease-and-desist declaration reviewed promptly so that you can make a legally sound decision.

Deadline compliance and immediate assistance

The goal is a timely response and the avoidance of unnecessary cost risks. Send the warning letter and relevant documents for rapid review.

Nationwide advice for online retailers

Support for retailers, manufacturers, and importers in the field of e-cigarettes and refill containers—nationwide and practice-oriented.