In a press release published today, 5 associations (Sovape, Fédération Addiction, Sos Addiction, Respadd, Tabac & Liberté) announce that they have stepped up their actions to preserve freedom of expression on vaping products.
The five associations which, in the name of the fundamental right of freedom of expression, have appealed to the Council of State to cancel the ban on "propaganda or publicity, direct or indirect, in favor of vaping products" , continue their action. They tabled this Monday 3 October, an interim suspension so that the judge decides in emergency: under a maximum month.
The transposition into French law of the measures of the European Tobacco Directive concerning the vape threatens citizens' freedom of expression and harm reduction associations. The Council of State is called to judge urgently before ratification of these measures by the parliament.
With the threat of a fine of 100 000 €, the provisions pose an insane risk to associations wishing to act in the field of health prevention and provide objective information on an alternative to the scourge of cigarettes. Every citizen, even a doctor, is also threatened if he wants to share his experience and discuss ways to avoid risks, which limits the ability to keep up with better and more secure products. .
To represent them, the associations called on the firm SPINOSI & SUREAU, SCP of lawyers at the Council of State and the Court of Cassation. Basically, while none of the data acquired from science makes it possible to consider that the use of the personal vaporizer represents a proven risk for the health of the user or of others, prohibition measures as general as those provided for by the Evin law are unjustifiable and unacceptable. The Council of State itself has already issued an opinion: “There is not in fact, at this stage, sufficiently convincing and serious elements concerning the dangerousness of the use of electronic cigarettes, in particular for others. to limit its use in the same way as the traditional cigarette. ”(CE, Social Section, Opinion, October 17, 2013, n ° 387.797).
In fact, the French government has illegally transposed the EU Directive by going far beyond what it requires. The word "propaganda", in particular, is far too vague to allow citizens, physicians and associations to interpret their rights and thus to measure the risks of exposing themselves to a complaint.
But the file is extremely complex from the legal point of view because the suspension referred must intervene urgently before the ratification of the law, what lawyers have demonstrated by the brief filed Monday 3 October 2016 for the suspension referred :
1 - Disproportionate infringement of the fundamental right of freedom of expression
2 - The risk for associations to organize or participate in public events
3 - The questioning of the very existence of an association, financing and assembly of projects
What associations want: Smart, reasonable and concerted regulation
In spite of numerous requests addressed to the services of the State, the associations never obtained the possibility of participating in the implementation of a balanced regulation on the article "Publicity and propaganda". Under the constraint of the legislative calendar, this suspension is the only solution to clean up and open a salutary debate for public health with all stakeholders: doctors and scientists, vapers, independent professionals in the sector, authorities and anti-corruption organizations. tobacco.
- Jacques LE HOUEZEC - President of SOVAPE - www.sovape.fr
- Jean-Pierre COUTERON - President of FEDERATION ADDICTION - www.federationaddiction.fr
- William LOWENSTEIN - President of SOS ADDICTIONS - www.sos-addictions.org
- Anne BORGNE - President of RESPADD - www.respadd.org
- Pierre ROUZAUD - President of Tabac & Liberté - www.tabac-liberte.com
> Download in .pdf : Recalled suspension of 3 October 2016
> Download in .pdf : Press release of 5 associations October 2016
