scholarly journals See you in court: obstacles to enforcing the ban on electronic cigarette flavours and marketing in Finland

2019 ◽  
pp. tobaccocontrol-2019-055260 ◽  
Author(s):  
Eeva Ollila

The aim of Finnish tobacco policy is to end the use of tobacco and other nicotine-containing products by 2030. Towards that end, the regulation of electronic cigarettes (e-cigarettes) in Finland is stricter than that in other European Union (EU) countries, including a ban on characterising flavours in e-cigarette liquids as well as on marketing e-cigarettes. This article describes the e-cigarette market, its regulation and the challenges faced in enforcing regulations in Finland. The materials used for this study include data from tobacco control authorities on retail licences, product notifications, and guidance and decisions concerning enforcing regulations, as well as public documents from the courts concerning e-cigarette-linked appeals on selling flavours and marketing e-cigarettes. Legislation and documents produced during legislative processes are also used. Access to e-cigarettes is limited, as only 5% of retailers for tobacco or nicotine products have a licence for retailing nicotine liquids. Liquids containing flavours but without nicotine are commonly sold by specialised e-cigarette shops and websites as foodstuffs. Effective regulation is hampered by the enormous number and variety of e-cigarette products notified for potential market access, limited resources for tobacco control to expand in scope and reluctance of the e-cigarette business to comply with the stricter regulations in Finland, resulting in court cases filed by e-cigarette businesses. Mounting evidence suggests that regulating flavours in e-cigarettes to protect youth is wise although not easy. Many counties are currently considering further regulations on e-cigarettes and so should the EU.

2018 ◽  
Vol 46 (2) ◽  
pp. 197-203 ◽  
Author(s):  
Rose S. Bono ◽  
Andrew J. Barnes ◽  
Rebecca C. Lester ◽  
Caroline O. Cobb

Understanding how two characteristics—flavors and modified risk messages—affect perceptions and subjective effects of electronic cigarettes (e-cigarettes) can inform tobacco control efforts. In two within-subjects studies ( N = 17 and N = 19), the effects of e-cigarette flavors (tobacco vs. menthol and unflavored vs. cherry) and hypothetical modified risk messages (“reduced harm relative to cigarettes” vs. no message and “reduced carcinogen exposure relative to cigarettes” vs. no message) on cigarette smokers’ perceptions of e-cigarettes were measured after participants self-administered condition-specific products (own-brand cigarettes; e-cigarettes). Perceptions/subjective effects were tested using linear mixed-effects regressions. Cigarettes were perceived as most harmful but rated more positively than e-cigarettes ( ps < .05). Cherry and menthol e-cigarettes increased perceived pleasantness, taste, and physical sensations compared with unflavored and tobacco-flavored e-cigarettes, respectively ( ps < .05). Modified risk messages were associated with reduced ratings of aversive effects ( ps < .05) but not harm perceptions. Overall, few perceptions/subjective effects differed by e-cigarette flavor or message. Flavors and messages may have some influence on how smokers experience e-cigarettes.


2016 ◽  
Vol 7 (3) ◽  
pp. 623-628
Author(s):  
Katharina Ó Cathaoir

C-547/14 Philip Morris Brands SARL and Others v Secretary of State for Health [2016] (not yet reported)C-477/14 Pillbox 38 (UK) Ltd v Secretary of State for Health [2016] (not yet reported)C-358/14 Poland v. Parliament and Council [2016] (not yet reported)Article 114 TFEU provides an adequate legal basis for the adoption of the Tobacco Products Directive 2014 in full, including measures relating to flavoured tobacco, labelling and packaging, and electronic cigarettes. These measures also comply with the principles of proportionality, subsidiarity, legal certainty, equal treatment and free competition, and the rights of companies under the EU Charter. Member States may introduce further requirements in relation to packaging of tobacco products that are not harmonised by the Directive.


2006 ◽  
Vol 51 (168) ◽  
pp. 49-72 ◽  
Author(s):  
Besim Culahovic

The European Union (EU) trade policy towards Western Balkan's countries (Albania, Bosnia-Herzegovina, Croatia, Serbia and Montenegro and the Republic of Macedonia) is one of the important tools of EU's integration strategy. The exports from the Western Balkan?s countries to the European Union(15) are preferred within special autonomous trade measures for the Western Balkan?s countries which were introduced by the EU in September 2000 (the 2000TM). The 2000TM are a far-ranging set of preferences which provide the Western Balkan?s countries with unparalleled market access to the EU, and hence with the potential both to develop the existing exports and to generate new exports. However, the Western Balkan?s countries exports to the EU are far below the level which could reasonably be expected. In all Western Balkan?s countries a number of supply-side and domestic policy reasons are identified for this under-performance, which suggests that the 2000TM are likely in part to rectify the situation. The economic regeneration of the Western Balkan?s countries will depend on the success of internal economic reform and on the adoption of economic and trade policies which specifically identify and address some serious supply-side constraints.


2021 ◽  
Vol 10 (4) ◽  
pp. 172-183
Author(s):  
Josette Sciberras ◽  
Raymond Zammit ◽  
Patricia Vella Bonanno

Introduction: The Pharmaceutical Strategy for Europe (2020) proposes actions related to intellectual property (IP) rights as a means of ensuring patients’ access to medicines. This review aims to describe and discuss the European IP framework and its impact on accessibility of biological medicines and makes some recommendations. Methods: A non-systematic literature review on IP for biological medicines was conducted. Data on authorizations and patent and exclusivity expiry dates of biological medicines obtained from the European Medicines Agency’s (EMA) website and literature was analysed quantitatively and qualitatively. Results: The analysis showed that as at end July 2021, 1,238 medicines were authorized in Europe, of which 332 (26.8%) were biological medicines. There were only 55 biosimilars for 17 unique biologicals. There is an increasing trend in biological authorizations but signifi cant delays in submission of applications for marketing authorization of biosimilars, with no signifi cant diff erences in the time for assessment for marketing authorization between originator biologicals and biosimilars. For some of the more recent biosimilars, applications for authorization were submitted prior to patent and exclusivity expiry. COVID vaccines confi rmed the impact of knowledge transfer on accessibility, especially when linked to joint procurement. Discussion: IP protects originator products and impacts the development of biosimilars. Strategies to improve competition in the EU biological market are discussed. Pricing policies alone do not increase biosimilar uptake since patients are switched to second generation products. Evergreening strategies might be abusing the IP framework, and together with trade secrets and disproportionate prices compared to R & D and manufacturing costs lead to an imbalance between market access and innovation. Conclusion: The European Pharmaceutical Strategy should focus on IP initiatives that support earlier authorization of biosimilars of new biologicals. Recommendations include knowledge sharing, simplifi cation of the regulatory framework and transparency of prices and R & D costs.


2020 ◽  
pp. 88-122
Author(s):  
Sylvia de Mars

This chapter examines the sources of EU law. As with domestic law, there are two overarching categories of EU law: primary law and secondary law. EU primary law includes the EU Treaties and the general principles of EU law. Meanwhile, EU secondary law includes regulations, directives, decisions, international agreements, and ‘soft law’. The chapter then looks at the legislative processes that are used to adopt secondary legislation, and assesses when, or in what policy areas, the EU can make law. It also considers two mechanisms that aim to prevent the EU from extending its legislative power beyond what the Treaties have granted it: the principle of subsidiarity and the principle of proportionality. Finally, the chapter addresses the impact of Brexit on EU law, assessing what will happen to EU law in the UK during the Withdrawal Agreement's transition period.


Author(s):  
Carlo Collivignarelli

This article discusses the benefits of an innovative approach to the problem of water security introduced by WHO in 2004, through the establishment of the Water Safety Plan (WSP). It was recently included in Commission Directive (EU) 2015/1787 – October 6, 2015 – the implementation of which is expected in the EU countries by 27 October 2017. The WSP is the most effective means of consistently ensuring the safety of a drinking water supply. The method is based on the use of a comprehensive risk assessment and risk management approach that involves all steps in water supply from catchment to consumer. The knowledge acquired by some experiences of WSP application, both inItalyand in countries with limited resources, is proving the effectiveness of the model as the best way to manage drinking water systems and protect public health.


2018 ◽  
Vol 21 ◽  
pp. S204
Author(s):  
L. Walker ◽  
C. Hewitt ◽  
P. Craddy ◽  
G. Foxon
Keyword(s):  

2019 ◽  
Vol 279 ◽  
pp. 02010
Author(s):  
Lukáš Bosák ◽  
Milan Palko

Sustainability is currently an important part of the building industry. The development of new building constructions and the use of ecological materials is a very popular topic in this area. One example of organic material are natural fibres bio-composites. Bio-composite materials are currently used in the form of laminates mainly used in the sport and furniture industries. This article addresses their use in the building industry as the outer envelope of buildings. The article deals with the testing of the influence of UV radiation and moisture on the degradation of Bio-composites with recommendation of possible ways of their protection. In the next section, it deals with the design of composite wall panel with Bio-composite laminates on the top layer. This panel will contain mycelium as thermal insulation. The assumption of the use of this type of construction in the building industry is based on the possibility of replacing conventional materials used nowadays and reducing the environmental load by the building industry. The use of new types of eco-friendly building materials is in accordance with the EU strategy.


2010 ◽  
Vol 10 (2) ◽  
pp. 1850194 ◽  
Author(s):  
Troy Lorde ◽  
Antonio Alleyne ◽  
Brian Francis

This paper assesses Barbados' competitiveness within the EU market in light of its recent signing of an Economic Partnership Agreement (EPA) with the EU in 2008. Using SITC data from 1992-2006, indices of revealed comparative advantage (RCA) were calculated. We found that Barbados possesses comparative advantages in Live Animals; Raw Sugars, Beet and Cane; and Spirits. However, policies such as the EU's Common Agricultural Policy (CAP), stringent sanitary and phytosanitary requirements, onerous rules of origin and non-tariff barriers including technical barriers to trade, threaten to undermine these advantages. These developments strongly suggest that Barbados must move agriculture up the value chain and increase value-added, as well as integrate it more fully with other sectors of its economy. Greater attention must be focused on countries in the EU other than the UK, if full advantage is to be taken of the EPA, as the UK market is already mature. There is evidence that export opportunities to these countries exist in other commodity groups (Fuels, Lubricants, etc.; Animal, Vegetable Oils Fats, Wax; Chemicals, Related Products; Manufactured Goods). When these issues are placed within the context of Barbados' history of weak capacity to take advantage of the market access opportunities available from their trading arrangements, the overarching challenge for Barbados is one of effective market access. This will require, among other things, a capable export promotion agency. The export of non-traditional commodities should be promoted, and greater support, perhaps in the form of incentives, should be provided to large firms that are not yet exporters to encourage them to look beyond the domestic market.


Author(s):  
Nigel Foster

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. Concentrate Q&A EU Law looks at a wide range of up-to-date issues relating to EU law, starting with the origins, institutions, and development of the EU communities and, the legislative processes. Chapters then look at the sources and forms of Community law, supremacy of EU law, and the reception of the law in the EU Member States. The chapter on Supremacy will also consider Brexit, but the extent to which that will be covered will be determined by just how far the exit negotiations have themselves progressed. The Court of Justice has a chapter devoted to it. Next the book looks at the free movement of goods and persons. Finally, the text turns to competition and merger law, and sex discrimination, and equality law.


Sign in / Sign up

Export Citation Format

Share Document