"E-cigarettes save lives". A claim that sparks debate. Now a German court has given its verdict, allowing companies to use the phrase in their marketing.
Retailers are allowed to market e-cigarettes as a life-saving product. At least in Germany. This follows a court ruling in a dispute where an e-cigarette retailer was sued for misleading advertising.
Competition with cigarettes
It was an e-cigarette company that in German Trier got into trouble after promoting e-cigarettes as a product that "saves lives". The organization Competition Center, which monitors advertising and competition in Germany, argued that the advertisement was misleading. Claiming that "e-cigarettes save lives" leads to unlawful competition in relation to traditional tobacco products, the Wettbewerbszentrale argued in its lawsuit.
Court: Smokers enjoy better health
However, when the case finally reached the highest judicial authority, the Higher Regional Court (OLG) in Koblenz, it backfired. According to an article in the world the Court found that e-cigarettes can indeed be considered less harmful than analog cigarettes. The Court justified its decision by referring to current research on the relative risk of e-cigarettes compared to smoking.
"Smokers who switch to e-cigarettes are likely to enjoy better health", the Court concluded.
Does not attract non-smokers
The Court also found that the advertisement was not intended to entice non-smokers to buy the products. It was clear that smokers were the target audience, according to the ruling.
"The aim is to make tobacco consumers aware of the alternative product" writes the world regarding the judgment.
Not allowed to make health claims in Sweden
In Sweden it is not allowed to make health claims in connection with the sale of e-cigarettes. Not even if the sale is aimed at smokers. It is also not permitted to entice smokers with the possibility of quitting smoking by using e-cigs. Swedish Consumer Agency last notified last year a company for breaking the law when banners reading "Stop smoking with our starter kits!" and "Beginners? We'll help you" were displayed on the website.
The case is the first of its kind in Sweden and is still pending. Ecoswe, the company in question has in turn reported the Consumer Agency to the Ombudsman. According to the company, the Consumer Agency interprets the Marketing Act unnecessarily harshly and therefore abuses its legal power.
