European Court to hear rigged cigarette case on March 10th

28 January 2025

On 10 March, the European Court of Justice will hear the questions posed in the context of the appeal in the enforcement case concerning the rigged cigarettes, initiated by Youth Smoking Prevention Foundation.

The enforcement case concerning the rigged cigarettes, initiated by Youth Smoking Prevention Foundation to enforce the tar, nicotine and carbon monoxide standards (TNCO) with an alternative measurement method, will be heard on 10 March 2025 during a session of the European Court of Justice. The Grand Chamber (15 judges) will then consider the preliminary questions posed to the Court by the Trade and Industry Appeals Tribunal (CBb) in the appeal in this case. The parties involved, including Youth Smoking Prevention, the Dutch state, the Netherlands Food and Consumer Product Safety Authority (NVWA), tobacco manufacturers and various EU member states, can then give their views on the case.

Measuring method allows manipulation

The core question before the Court is whether the standard for TNCO (Article 3 of the Tobacco Products Directive, TPD) can be checked using a different measurement method than the ISO method mentioned in Article 4 of the TPD. The latter method makes it possible for the measurement results to be influenced by the tobacco manufacturers, who make minuscule holes in the filters. Smokers who close these holes between their fingers and lips ingest higher concentrations of TNCO than the maximum permitted. Youth Smoking Prevention therefore asked the NVWA to enforce the TNCO standards using a different method standardised by the World Health Organisation. After the hearing, it may take many months before the European Court issues a ruling.

Interestingly, an earlier ruling of the EU Court in this case, was referred to in later ruling by the Court in another case about the application of consumer products’ standards.

NVWA | ISO-method | European Court | lawsuit | rigged cigarette | TNCO | Canadian Intense