The Danish health authority has withheld information to ensure that the government could implement the ban on flavours in e-juice. This is the opinion of the Danish trade organisation for e-cigarettes, which is now going to the European Commission to have the upcoming Danish ban on flavours in e-liquids lifted.

"They delayed their own report, which showed that both smoking and e-cigarette use have dropped drastically in recent years," writes BECIG.

On 1 April 2022, it will be prohibited to sell e-liquids with flavours other than tobacco and menthol in Denmark. The reason for this is the concern that e-cigarettes attract non-smoking young people and lead them into nicotine addiction. The law was passed in 2019, but not finalised until the end of 2020. Over the past year, the European Commission, among others, has criticised the law as it is considered contrary to the EU Single Market Treaty. According to the Commission, Danish companies will be severely disadvantaged as imported flavoured e-juice will remain legal, while sales within Denmark will be prohibited.

"The upcoming ban will have major consequences for e-cigarette retailers in Denmark," writes BECIG in a press release. "Flavours in e-liquids - other than tobacco and menthol - will be banned, while tobacco industry products such as chewing tobacco, nicotine pouches and water pipe tobacco with different flavours can still be sold. Many retailers will be forced to close when the ban comes into effect."

Smoking and vaping decreases

Now it turns out that the ban rests on a weak foundation. Smoking in Denmark has dropped significantly in recent years, as has the use of e-cigarettes. According to the Danish Health Authority's latest report on tobacco habits in Denmark, the decline is greatest among young people. This has prompted the trade association for e-cigarettes to react sharply.

"The report should have been published before the decision on the new law was made. But it was delayed. At the same time, the Danish Health Authority knew what the report would show. Smoking is falling - despite the fact that flavoured e-cigarettes are available on the market. It seems like the authorities wanted to implement this law, whether it was unnecessarily strict or not."

Misleading information about e-cigarettes

Neither the Danish Health Authority nor the Danish government has responded to the accusations. But criticism is growing among the political opposition. The Danish People's Party and Nye Borgerlige have called the Minister of Health, Magnus Heunicke, for a consultation. The question is whether the government knew what the report contained and whether the authority deliberately misled decision-makers.

"We were concerned that smoking had increased in Denmark. But we weren't told that the figures showed something completely different from what we negotiated prior to the new law." Liselott Blixt from the Danish People's Party says to TV 2 Denmark.

E-cigarette companies can sue the government

While the debate rages and BECIG appeals to the European Commission, at least one Danish e-cigarette retailer is now preparing legal action against the state.

"We are investigating the options and our lawyer will assess whether there are grounds to proceed," writes Jeanett Andersen, Communications Consultant at SMOKE-ITwhich has stores in several locations in Denmark.

Sources for this article:

• Partier: The Danish Health Authority hid key information from us
• Heunicke called in for consultation: Did the Danish Health Authority lie to sneak the law through?
• The trade association for e-cigarette retailers in Denmark has complained to the European Commission and SMOKE-IT is now considering legal action against the state