BLACKBURN’S Totally Wicked, the UK’s leading independent electronic cigarette manufacturer, has challenged the latest Brussels Tobacco Products Directive at the European Court of Justice of the EU.

The Stancliffe Street-based firm is the only e-cig producer to challenge the measure.


It makes e-cigarettes and e-liquid a “tobacco related product”, despite not containing tobacco.

The directive subjects them to more stringent regulation than some tobacco products.

Totally Wicked’s lawyer argued to judges last week this is a disproportionate impediment to the free movement of goods and the free provision of services.

A preliminary opinion will be published on December 17 with the final decision in the New Year.

Totally Wicked managing director Fraser Cropper said: “This is the culmination of a battle between those who recognise the public health potential vaping offers and wish to see vaping flourish under a robust yet proportionate consumer regulatory system, and those who wish to see e-cigarettes subjected to a disproportionate and inappropriate regulatory regime.”