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E-cigarette and refill container

Since the implementation of Directive 2014/40/EU, the Tobacco Products Directive (TPD), into German law through the Tobacco Products Act (TabakerzG) and the Tobacco Products Ordinance (TabakerzV) in 2016, there has been a special legal framework for electronic cigarettes (e-cigarettes) and refill containers in Germany. 

 

The resulting legal framework is not always as precise as would be desirable. The necessary legal certainty will develop over time through corresponding case law. I have been involved in key decisions on e-cigarettes. 

 

In addition to the provisions of the Tobacco Products Act (TabakerzG) and the Tobacco Products Ordinance (TabakerzV), other laws, ordinances and EU regulations are also relevant. These include, for example, the REACh Regulation, the CLP Regulation, the Battery Regulation and the ElektroG. 

 

I advise on all legal issues relating to electronic cigarettes and their refill containers. Of course, this also includes advice on excise duty law (tobacco tax), as the liquid intended for vaporisation is now subject to tobacco tax.

 

I will also be happy to advise you on issues relating to tobacco law and tobacco tax law, such as pipe and shisha tobacco. 

 

If you need an expert opinion for the activation of the PayPal payment option in your online shop for e-cigarettes and refill containers, you can find more information here. 

I can help you, for example ...

Competition law

Is one of your competitors violating the rules of the game? I will check with you whether and how your rights can be defended. 

 

Of course, I can also help you if you have received a warning letter from a competitor or an association such as the Verband des eZigarettenhandels (VdeH), the Verband Sozialer Wettbewerb (VSW) or another "warning letter association".

wurden. Gemeinsam entwickeln wir eine Strategie, um Ihre Rechte zu verteidigen. 

Product labelling

I will provide you with competent and experienced support for product labelling. Contact me at an early stage so that there is enough time to determine all the necessary data and have the product labelling up to date in good time, which is urgently required for successful market entry. 

Advertising

Advertising for electronic cigarettes and refill containers is only permitted within narrow limits. I can help you to develop a successful advertising concept within the legally permissible framework. 

Complaints

Various authorities in Germany are responsible for the market surveillance of electronic cigarettes and refill containers. Complaints can be issued by the competent municipal supervisory authority, but also by state authorities, for example in the field of chemicals law, or by federal authorities such as the Federal Environment Agency. I will help you to defend your rights or, if appropriate, to negotiate a solution with the authority.

EU-CEG

Electronic cigarettes and refill containers must be registered for the Federal Republic of Germany 6 months before they are first placed on the market.A registration of the manufacturer from a third country, such as China, is not sufficient for the jurisdiction. The supervisory authorities are now looking closely at registrations. I can help you to minimise risks at an early stage! 

Contracts and terms and conditions

I develop customised contractual solutions with you and for you, whether in the B2C or B2B sector. 

Received a warning from the VdeH? 

Warning about e-cigarettes: what those affected should do

 

Have you received a warning letter from the Verband des eZigarettenhandels e.V. (VdeH) for allegedly anti-competitive business activities? Warning letters under the Unfair Competition Act (UWG) are to be taken seriously and require swift action.

 

A warning letter is an instrument with which competition offences can be settled out of court. The person issuing the warning requests the person being warned to refrain from certain behaviour and to submit a declaration to cease and desist. These are often linked to high contractual penalties if the offence occurs again. Warning letters regularly contain the threat of seeking legal assistance if a cease-and-desist declaration is not issued. It is therefore important not to ignore the deadlines in the warning letter and to seek legal assistance quickly in order to avoid costly consequences.

 

Warning letters, including those issued by the VdeH in the e-cigarette trade, are to be taken seriously and require a quick and well-founded response. 

 

With my many years of experience as a lawyer in e-cigarette law and knowledge of the industry, I can help you to examine the warning letter and prepare the best possible response. An experienced lawyer can assess whether the warning is justified and help you to develop an appropriate defence strategy.

 

Don't let the deadlines pass - get legal support and effectively protect your company from unjustified claims.

Get in touch with me!

Attorney M. Bo Hillebrand

You can reach me at any time:

Call me anytime at +49(0)4642/9251675 or send me an email at anwalt@bohillebrand.de
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