A press release July 21, 2016 tells us that 5 associations have appealed to the Council of State to cancel the prohibitions of propaganda and publicity, direct or indirect, on the vaping, which seriously question the freedom of expression.
“In its desire to regulate vaping and apply the European directive on tobacco products, the government has taken measures which threaten the freedom of expression of vapers and harm reduction associations. These provisions prevent action in the field of health prevention by providing smokers with objective information on an alternative to the scourge of cigarettes. They no longer allow vapers to discuss ways of avoiding risks, and limits the ability to keep informed about better and increasingly secure products.
Despite numerous warnings from citizens, associations and health professionals, the government has established a regulation on vaping under a tobacco law, with measures aligned with tobacco, and exposing citizens, associations, health professionals and businesses to unjustified legal uncertainty.
Since the 20 May 2016, any communication about vaping products is likely to be attacked by anyone with an interest (the state, an association, a tobacconist, an unhappy neighbor), with a threat of a fine that can go up to 100 000 euros.
Associations SOVAPE, FEDERATION ADDICTION, RESPADD, SOS ADDICTIONS, TOBACCO & FREEDOM, whose object in their statutes is to prevent and reduce the risks and the harmful effects of smoking, particularly by resorting to public information activities, feel legitimate to contest these draconian provisions.
Freedom of expression can only be limited for sanitary reasons or no evidence of harm is now proven. On the other hand, it is not consistent that freedom of expression, which is the foundation of our democratic society, is more limited than the right to sell vaping products and the right to use them. There are clear health reasons for communicating how best to use these marketed products and to move towards higher quality products.
The associations want to remind that smoked tobacco causes 78 000 premature deaths per year in France. By prohibiting any communication on the 
Vagotage, the government does not allow to open a salutary debate on public health and new opportunities for risk reduction.
To represent them, the associations called on the firm SPINOSI & SUREAU, SCP of lawyers at the Council of State and the Court of Cassation.
Yesterday 20 July 2016, a motion to institute proceedings was filed in the State Council to challenge the order of 20 May 2016.
This is only the first step. Everything will be done to win the case. The SOVAPE association will organize a citizen fund at the start of the school year to allow anyone convinced of the merits of this action to participate financially in legal costs. "
- Jacques LE HOUEZEC - President of SOVAPE - www.sovape.fr
- Jean-Pierre COUTERON - President of FÉDÉRATION 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
Source : Sovape.fr
