European rules governing the sale and prohibiting the advertising of electronic cigarettes are consistent with the ‘precautionary principle’, the European Court of Justice ruled in a judgment throwing out three challenges to the 2014 EU directive on tobacco products.

The directive also prohibits the sale of menthol cigarettes and allows EU member states to require tobacco products to be sold in plain packaging. The judgments in Poland v Parliament and Council, Pillbox 38(UK) Limited v Secretary of State for Health and Philip Morris Brands SARL and Others v Secretary of State for Health were condemned by the tobacco industry.