Competent advice inTobacco Law

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Since 20 May 2017, the German Tobacco Products and Related Products Act (Tobacco Products Act - TabakerzG), in conjunction with the Tobacco Products and Related Products Regulation (TabakerzV), has been fully effective with a few exceptions.

In particular, manufacturers and importers of electronic cigarettes and cigarettes and their refill containers with nicotine-containing liquids will be subject to completely new obligations with regard to notification, i.e. timely notification of the intended placing on the market, labelling and technical or material requirements for the products concerned.

It is to be expected that the competent supervisory authorities will in future increasingly examine the marketability of electronic cigarettes/e-cigarettes and their refillable containers.

We see it as our task to provide you with competent support in successfully implementing your plans in the field of tobacco products and related products, in particular electronic cigarettes/e-cigarettes and their refill containers for nicotine-containing liquids, in accordance with the legal conditions.

The focus of our advice is the evaluation of your product labelling not only in compliance with the relevant regulations on tobacco products and related products, but also, for example, in compliance with the CLP Regulation and other applicable labelling regulations.

You benefit from our extensive experience in questions of labelling cosmetic products and foodstuffs, as the labelling of these product categories is also strongly influenced by European law, as is the law governing tobacco products and related products, in particular electronic cigarettes/cigarettes and their refill containers for liquids containing nicotine. It is not without reason that the same authorities in the federal states are regularly responsible for monitoring electronic cigarettes/e-cigarettes, for example, as for cosmetic products and foodstuffs.

Already during the product development of nicotine-containing or nicotine-free liquids for distribution in refill containers in electronic cigarettes/e-cigarettes, you can benefit from our experience in food flavour law, for example. We are also happy to support you in the development of new innovative recipes. Our philosophy is to act as a link between you and competent specialists, for example in the field of toxicology, when it comes to product safety.  We are also happy to support you in evaluating your product presentation with regard to the existing advertising restrictions.

Our range of services includes consulting and representation in the following areas:

Corporate law

• company orientation
• choice of location
• Negotiation of supply and sales contracts

Labelling and composition

• Classification and testing of the marking of tobacco products and related products, in particular electronic cigarettes and their refill containers for nicotine-containing liquids

Competition law

• Representation vis-à-vis competitors (in and out of court), in particular with regard to the marketability of and advertising for tobacco products and related products, in particular electronic cigarettes/e-cigarettes and their refill containers for nicotine-containing liquids
• Avoidance of competition law disputes

Trademark and patent law

• Defense and enforcement of trademark claims
• Representation in patent proceedings

Administrative law

• Representation vis-à-vis the competent authorities (judicial and extrajudicial)
• notifications
• Certificates of marketability

Legislative process

• Representation of interests vis-à-vis the European decision-making bodies
• Representation of interests vis-à-vis national legislators
• Impact on the legislative process