European journal of health law
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Although the electronic cigarette was invented in 2004, only recently the product has started to provoke discussion. On the one hand, the electronic cigarette is characterized by scientific uncertainties. ⋯ On the other hand, there is no harmonised European legal framework and different Member States attribute a different legal status to the e-cigarette. In this article, the author analyses how the e-cigarette should be qualified according to the current European legislation and ECJ case law and describes how the e-cigarette is qualified in the UK, France, The Netherlands, Belgium and Spain.