International, European and National Challenges
Edited by Lukasz Gruszczynski
Chapter 4: Taming Schrödinger's cat: e-cigarettes under the Framework Convention on Tobacco Control
The Framework Convention on Tobacco Control (FCTC) is an international treaty that sets global standards for national tobacco control measures. It is widely seen as a major achievement of the global community in the area of public health. However, the emergence of e-cigarettes poses serious conceptual challenges for the Parties as to their proper classification (and subsequent legal treatment) under the Convention. In this context, the chapter investigates whether and to what extent the FCTC disciplines apply to e-cigarettes and whether the mandate enjoyed by the FCTC Conference of the Parties (COP) is sufficiently broad to deal with these products. It concludes that due to the formulation of the relevant provisions, the complex nature of e-cigarettes, and the COP’s unwillingness to take a decisive stance on their status, the Convention regime currently has only a limited impact on the development of legal standards in this policy space.
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