The Regulation of E-cigarettes
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The Regulation of E-cigarettes

International, European and National Challenges

Edited by Lukasz Gruszczynski

Combining the insights of leading legal scholars and public health experts, this unique book analyses the various legal problems that are emerging at different levels of governance (international, European and national) in the context of the regulation of e-cigarettes. The expert authors assess in depth the possible application of the precautionary and harm reduction principles in this area, examine the legal constraints imposed on states by international and European rules, as well as the regulatory approaches currently in place in selected national jurisdictions.
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Chapter 5: A human rights approach to the regulation of electronic cigarettes

Marie Elske C. Gispen and Jacquelyn D. Veraldi


Tobacco control clearly falls within the remit of human rights law. Yet the potential for the regulation of e-cigarettes is understudied from a human rights perspective. This chapter shows that there are good reasons to assume that the use of e-cigarettes may pose certain health risks and possibly undermine the regulatory efforts directed against use of conventional tobacco products. Employing doctrinal legal research, the chapter explores different approaches to the regulation of e-cigarettes in terms of the right to the highest attainable standard of health included in Art. 12 of the 1966 International Covenant on Economic, Social, and Cultural Rights and the 1989 Convention on the Rights of the Child. It develops a human rights framework applicable to regulating e-cigarettes as a device harmful to health, as a potential harm reduction tool, and as a gateway product.

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