“Smoking kills”: This is the warning on cigarette packs. But how much warning should be given on cigarette machines? A non-smoking association and a vending machine company are arguing about this.
A non-smoking association has initially failed in its lawsuit against a cigarette vending machine operator. After the presiding judge Erfried Schüttpelz expressed concerns about the actions of the plaintiff Pro Rauchfrei during a hearing at the Düsseldorf Higher Regional Court (OLG), the Pro Rauchfrei association withdrew its application for an interim injunction (file number I-20 UKl 2/24).
With the order, the association wanted to force the Mönchengladbach company Tobaccoland to change its around 80,000 cigarette machines nationwide and to make warnings more prominent. However, the judge criticized that the urgency necessary for such an order was probably not present because the machine in question had been in public view since 2018. According to the judge, a main proceedings would be a better way to clarify the facts.
The second sticking point for the chamber’s critical stance was the fact that the association is not particularly financially strong. If an interim injunction were to be issued and it turns out in the subsequent main proceedings that Tobaccoland is right after all, the company would be entitled to compensation. According to the company’s rough estimate, the desired redesign of the machines would require around 600,000 euros. According to its own information, Pro Rauchfrei has an annual income of 10,000 to 20,000 euros. The judges made it clear that they considered the financial aspect to be problematic.
Pro Rauchfrei wants to file a lawsuit
The board of Pro Rauchfrei, Stephan Weinberger, was disappointed after the negotiation that it had been “about formalities”. However, he is confident that he will prevail in the main proceedings. A lawsuit will be filed about this in the coming months. A verdict in this case could not come until 2025 at the earliest.
How strongly the warning about health risks should be displayed on the outside of a vending machine has been a source of controversy for years. In 2017, Pro Rauchfrei filed a lawsuit. After going through the courts, the Federal Court of Justice supported the non-smoking association in October 2023.
Source: Stern
