The so-called ‘rigged cigarette’ is far more harmful and addictive than legally allowed and should therefore be removed from stores. After all, public health must be the legislator's primary concern in this context.

The legal battle over the rigged cigarette is not over yet. The Trade and Industry Appeals Tribunal once again refers the case to the Court of Justice of the European Union in Luxembourg.

On Thursday June 8, the Dutch Trade and Industry Appeals Tribunal (CBb) will hear the appeal in the case in which Youth Smoking Prevention demands that the government take steps against the rigged cigarette and manipulation of cigarette emissions measurements. The session starts at 10 a.m., lasts until 5 p.m. and can be followed via a live stream.

The Rotterdam court last week has ruled that the ‘rigged’ cigarette is illegal and that the Dutch Food and Consumer Product Safety Authority (NVWA in Dutch) must take enforcement action.

The Court of Justice of the European Union in Luxembourg enables the Dutch administrative court to put an end to the ‘rigged’ cigarette. That is in essence the ruling that the Court made on Tuesday 22 February 2022 in a case that Youth Smoking Prevention, the Municipality of Amsterdam and 15 healthcare organizations have brought against the government.

In September 2016, Dutch lawyer Bénédicte Ficq filed a criminal complaint against the tobacco industry on behalf of two lung patients and the Youth Smoking Prevention Foundation. This article provides an overview of the lead-up to the case and subsequent developments.