E-Cigarette Decision Sets Precedent for Nicotine Content ({{commentsTotal}})

Source: Photo: AFP/Scanpix

Tartu Administrative Court has ruled that e-cigarettes containing more than 4 milligrams of nicotine are medicinal products and cannot be freely sold without a corresponding license.

Today's decision came as the court overruled a complaint from Zandera Ltd, a company that sells the products.

The cigarettes sold by Zandera included four E-Lites products ranging from 8-19.2 mg of nicotine content, and had contested a State Medicines Board decision that classified them as pharmaceutical products.

The court said it proceeded from guidelines handed down by the World Health Organization.

The court dismissed the complainant's argument that liquid nicotine was less harmful than smoking due to lack of some carcinogens present in smoke.

"In fact the capsules filled with nicotine solution contain other agents, the safety of which has not been proven," the court said.

But no absolute prohibition was placed on the E-Lites products. The company will need to apply for a license to continue marketing them in Estonia. Or it can attempt to appeal the decision, which it has 30 days to do.