The Constitutional Court of Latvia has upheld legislative amendments banning flavored electronic cigarette liquids and tobacco substitutes. The ruling dismisses lawsuits filed by e-cigarette manufacturers Pro Vape and SIA MASS Industry, confirming that public health priorities override commercial property rights under the Latvian Constitution.
The legal dispute began before the restrictions took effect. Pro Vape, which manufactures electronic cigarettes under the brand “Salt,” and SIA MASS Industry challenged the amendments passed by the Saeima in January 2024. The companies argued that the ban violated Article 105 of the Constitution, which protects the right to property and commercial activity.
Public Health Outweighs Commercial Property Rights
The Constitutional Court acknowledged that the new regulations interfere with the economic activities of the applicants and restrict their property rights. However, the court ruled that this interference is justified by the need to protect society.
Citing health studies, the court noted that nicotine is highly addictive and poses severe health risks. The court highlighted that since 2020, the spread of e-cigarette use in Latvia has grown faster than in other European Union countries, particularly among children and teenagers. Despite existing bans on sales to minors, youth access remains high, and adolescents develop nicotine addiction faster than adults.
The court stated that the purpose of the regulation is to protect the right to health by establishing stricter rules for nicotine-containing products. “The benefit that society receives from the restriction of fundamental rights exceeds the damage caused to entrepreneurs,” the court concluded in its ruling.
Key Restrictions Under the Amended Law
The amendments introduce several rules for the Latvian tobacco and vape market:
- Flavor Restrictions: The marketing of e-liquids and tobacco substitutes containing flavorings is prohibited. The only exception is for flavorings that imitate the smell or taste of tobacco.
- Inhalation Additives: Tobacco products and e-liquids cannot contain additives that facilitate nicotine absorption, including menthol, its analogues, and geraniol.
- Product Appearance: The law bans the production and sale of smoking products that visually resemble sweets, snacks, or toys.
- Nicotine Caps: Tobacco substitutes are subject to a maximum nicotine concentration limit of four milligrams per gram.
- Sales Channels: Distance sales, including online purchases from inside or outside the EU, are prohibited. The State Revenue Service (VID) has the authority to confiscate postal shipments containing these products if addressed to individuals.
Harsher Fines for Underage Sales
The law also raises the legal age to purchase tobacco, tobacco substitutes, and electronic smoking devices from 18 to 20. Along with this change, the government increased the penalties for retailers who sell these products to underage buyers.
Individual clerks caught selling to individuals under 20 face fines ranging from €280 to €700. For corporate entities, the fines range from €700 to €7,100. Previously, the maximum corporate fine for selling to minors was €1,400.
While upholding the law, the court urged the legislature to monitor the illegal market and track how businesses attempt to introduce new nicotine products to ensure the regulations remain effective in protecting youth health.
