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ARTICLE · 30 JANUARY 2020

The First Italian Case On Electronic Cigarettes' Advertising

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On November 5, 2019, the Court of Rome, by giving a very restrictive interpretation of Italian legislation, ordered two companies to stop (almost) any commercial communications relating to electronic cigarettes

ItalyMedia, Telecoms, IT, Entertainment

On November 5, 2019, the Court of Rome, by giving a very restrictive interpretation of Italian legislation, ordered two companies to stop (almost) any commercial communications relating to electronic cigarettes (e-cigs) and liquid refills, as an urgent measure.

This was the first Italian case on advertising of e-cigs.

Overview on the Italian regulation concerning the sale and advertising of e-cigs

Legislative Decree No. 6/2016 implements the EU tobacco products Directive 2014/40/EU. Specifically, Article 21(10) reproduces faithfully the content of Article 20 of Directive 2014/40/EU and establishes a ban on advertising e-cigs and refill liquids. According to the Directive, this restrictive approach to the advertising of e-cigarettes and liquid refills is aimed at ensuring the protection of human health, as e-cigs may become a possible transition product towards nicotine dependence.

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