Introduction
Following the introduction of the EU Tobacco Products Directive (2014/40/EU),(1) a review of tobacco legislation resulted in the promulgation of a new Act on Tobacco and Similar Products (LTLP). Despite being heavily regulated, the marketing of tobacco products is rarely subject to judicial review. This article discusses a Patent and Market Court judgment which clarifies the rules which apply to the online sale of tobacco products under the LTLP.
Key legislative issues
Snus, a tobacco product that is typically placed under the upper lip, dates back to the 18th century in Sweden. This longstanding tradition is likely the reason that Sweden was granted an exemption from the general EU prohibition of the sale of tobacco for oral use.