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British American Tobacco v The Netherlands

British American Tobacco v The Netherlands On June 22, 2020, the Dutch Secretary for Health, Welfare & Sport announced a ban on e-cigarette flavors. The Ministerial Regulation that followed excluded 16 flavor additives from this ban. In essence, all flavors except tobacco were banned. The ban’s enforcement was to begin January 1, 2024. British American Tobacco International Holdings and Nicoventures Holdings (collectively “BAT”) alleged that the ban disproportionately interfered with the free movement of goods (citing the TPD). BAT further alleged that the flavor ban did not contribute to public health because it would prevent smokers from quitting and encourage young people who used flavore... [Read more]

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