The Regulation of E-cigarettes
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The Regulation of E-cigarettes

International, European and National Challenges

Edited by Lukasz Gruszczynski

Combining the insights of leading legal scholars and public health experts, this unique book analyses the various legal problems that are emerging at different levels of governance (international, European and national) in the context of the regulation of e-cigarettes. The expert authors assess in depth the possible application of the precautionary and harm reduction principles in this area, examine the legal constraints imposed on states by international and European rules, as well as the regulatory approaches currently in place in selected national jurisdictions.
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Chapter 4: Taming Schrödinger's cat: e-cigarettes under the Framework Convention on Tobacco Control

Lukasz Gruszczynski

Abstract

The Framework Convention on Tobacco Control (FCTC) is an international treaty that sets global standards for national tobacco control measures. It is widely seen as a major achievement of the global community in the area of public health. However, the emergence of e-cigarettes poses serious conceptual challenges for the Parties as to their proper classification (and subsequent legal treatment) under the Convention. In this context, the chapter investigates whether and to what extent the FCTC disciplines apply to e-cigarettes and whether the mandate enjoyed by the FCTC Conference of the Parties (COP) is sufficiently broad to deal with these products. It concludes that due to the formulation of the relevant provisions, the complex nature of e-cigarettes, and the COP’s unwillingness to take a decisive stance on their status, the Convention regime currently has only a limited impact on the development of legal standards in this policy space.

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