Litigation relevant to regulation of novel and emerging nicotine and tobacco products: Comparison across Jurisdictions

Overview

Novel and emerging nicotine and tobacco products have presented a number of challenges for regulators in recent years, including the risk that regulation may lead to litigation. This paper analyses litigation concerning tobacco product regulation across jurisdictions, with the aim of highlighting the legal arguments advanced and the reasoning of courts relevant to novel and emerging nicotine and tobacco products. In this regard, 89 cases between 2008-2020 were identified as relevant. The objective of this paper is to assist the Member States to achieve a high level of health protection in the context of novel and emerging products through a discussion on the legal challenges arising globally.