UK e-cigarette maker Totally Wicked, contending Article 20 of the European Union’s new Tobacco Products Directive breaches EU law, has asked an English court to put its complaint before the European Court of Justice.

A hearing before the Administrative Court in London on 6 October will determine whether the complaint is referred to the EU court in Luxembourg, Totally Wicked said in a statement on its website.
“Should the TPD be implemented as it currently stands, not only will the e- cigarettes market be radically altered with many current e cigarette devices being removed from the market, Totally Wicked believes that Article 20 represents a disproportionate impediment to the free movement of goods and the free provision of services, places electronic cigarettes at an unjustified competitive disadvantage to tobacco products, fails to comply with the general EU principle of equality, and breaches the fundamental rights of electronic cigarette manufacturers,” the company said.