"We use the time to convince politicians that they are wrong"
The Danish government's plan to ban flavoured e-juice contravenes the EU Tobacco Products Directive. This is clear after the European Commission has commented on the new laws that the Danish government wants to introduce.
"If that's the case, the government really needs to present good arguments to implement the flavour ban. And at the moment they have no real arguments," says Jeanett Bergfriedt Andersen, active in the consumer organisation for roadside assistance in Denmark, DADAFO.
Sum Road hill As previously reported, the Danish government wants to ban all flavours except tobacco and menthol in e-cigarettes and e-liquids. But for the ban to come into effect, it must first comply with the EU Tobacco Products Directive. And as the directive is currently worded, it is primarily tobacco products in the form of cigarettes that need to be restricted when it comes to flavourings. Other similar products, such as pipe tobacco, roll-your-own tobacco and tobacco-free e-cigarettes, have been exempted in the directive - precisely on this point.
"The exemption can only be cancelled by the EU Commission. And for that to happen, there must be special circumstances. For example, if something has drastically changed since the directive was created that makes it necessary to restrict flavours in e-cigarettes in Denmark." writes Thierry Breton from the European Commission in a letter to the Danish government.
Ban on flavours in e-cigarettes postponed
The Commission now expects the Danish government to explain in detail why they want to ban flavours in e-juice. The Commission also wants answers as to why tobacco and menthol flavours remain allowed while other flavours are banned.
In practice, this means that the planned legislative change will be delayed. According to Jeanett Bergfriedt Andersen, this delay could have a major impact - especially for e-cigarette users who want to keep their flavours.
"We want to use this time to convince politicians of how big a mistake they are making by introducing a ban. The EU Commission is challenging the government and demanding clear arguments. But in reality, the government and those behind the proposal have no viable arguments." she says.
Road opening has decreased - without a ban
The latest figures show that smoking in Denmark has fallen significantly in recent years. The same applies to the consumption of e-cigarettes. According to Jeanett Bergfriedt Andersen, this clearly shows that stricter regulations are not necessary.
"Those of us working against this ban at least have the facts on our side. Hopefully politicians will at least read their own reports on smoking and vaping."
"We must fight for our rights"
Since the taste ban was announced at the end of last year, consumer organisation DADAFO has been organising information campaigns and demonstrations to raise awareness of the issue. But in the end, it's about Danish roadside vendors raising their voices, says Jeanett Bergfriedt Andersen.
"I hope that the European Commission's action will actually make more road users react and start fighting for their rights," she says to Road hill.
The Danish government has until 19 October to answer the European Commission's questions about the upcoming taste ban.
