
The CJEU has upheld the new EU regulation that requires tobacco firms to cover two-thirds of cigarette packets with health warning. In addition, the EU Court has endorsed tougher rules on e-cigarettes. E-cigarettes will be considered just like regular tobacco if they contain a certain concentration level of nicotine. The Court also confirmed the legality of the notification scheme for e-cigarettes when new products are introduced to the market. Last, the CJEU cleared also the ban on menthol cigarettes.
Despite the EU-wide rules, Member States still have a say on tobacco. Member States may go even further from the prescribed rules and opt for plain packaging. Member States can regulate e-cigarettes as medicines. And they can ban e-cigarettes, if they justify the ban by safety concerns.