Totally Wicked case: Advocate General's flawed reasoning would protect the cigarette trade

On 23rd December, the Totally Wicked case against the EU tobacco products directive treatment of e-cigarettes suffered a setback at the European Court. The Advocate General’s opinion on the case was hostile to the case and deeply disappointing. It confirmed my fear that good legal judgements could only be made with a sound grasp of the science, ethical issues and commerce of the products facing disproportionate regulation.  I think that was lacking in Ms Kokott’s opinion. I don’t think a line-by-line critique is worthwhile, but I do want to draw out what I consider are major flaws in her reasoning. This post covers:

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