E-Cigarette-Law

The resulting legal framework is not always as precise as one might wish. The required legal certainty continues to develop over time through case law. I have been involved in landmark decisions concerning e-cigarettes.

In addition to the provisions of the Tobacco Products Act (TabakerzG) and the Tobacco Products Ordinance (TabakerzV), other statutes, regulations, and EU regulations are also relevant. These include, for example, the REACH Regulation, the CLP Regulation, the Battery Regulation, the ElektroG, and, once in force, Regulation (EU) 2023/988 (ProdSVO).

I advise on all legal issues relating to electronic cigarettes and their refill containers. This naturally also includes advice on excise tax law (tobacco tax), as liquids intended for vaporization are now subject to tobacco tax.

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

Tobacco Products Act (TabakerzG) and Tobacco Products Ordinance (TabakerzV)

Compliance with the TabakerzG and the TabakerzV is crucial for lawful business operations. I provide comprehensive advice on:

• Product registration (EU-CEG)
• Ingredient compliance and measurement requirements
• Packaging, labeling, and health warnings
• Sales prohibitions and age verification
• Distribution channels and licenses

Competition law for e-cigarettes

The business environment is highly competitive.

Is one of your competitors violating the rules? I will work with you to review whether and how your rights can be enforced.

I will of course also assist you if you have received a warning letter. If you have been warned by a competitor or an association such as the Verband des eZigarettenhandels (VdeH), the Verband Sozialer Wettbewerb (VSW), Pro Rauchfrei e.V., the Wettbewerbszentrale, the Schutzverband gegen Unwesen in der Wirtschaft e.V. (Schutzverband), or another “warning association,” prompt legal assistance is urgently required. Together, we will develop a strategy to defend your rights.

Administrative law

I represent your interests in administrative proceedings, for example in proceedings before your locally competent supervisory authority or the relevant federal authorities, such as the Federal Network Agency.

Tobacco tax

I reliably resolve complex issues relating to tobacco tax (Tobacco Tax Act – TabStG).

Criminal law – prevention and defense

Violations of the TabakerzG may result in criminal consequences. I assist you with:

• Risk minimization through proactive compliance
• Criminal defense matters

PayPal legal opinions for e-cigarette retailers

Many companies require a legal opinion for PayPal in order to enable their payment processing with PayPal. I will prepare a professional legal opinion that you can submit to PayPal. For this, I will need some information from you. Feel free to contact me or complete the relevant online form directly. I charge a flat fee of EUR 750 for the opinion (applies only to resellers of products sourced from German wholesalers). If you also require an opinion for tobacco products, please feel free to contact me. I will be happy to assist you in this matter as well.

Landmark decisions and case law

Case law on e-cigarettes continues to evolve. I monitor current court decisions nationwide and incorporate them into my advisory work to ensure you always receive up-to-date legal guidance. I have been closely involved in landmark decisions concerning the interpretation of the TabakerzG.

Let me advise you to place your e-cigarette business on a secure legal foundation.