Pro Vape, a manufacturer of e-cigarettes under the Salt brand, has challenged restrictions on the use of flavors in electronic smoking devices in the Constitutional Court (CC). The restrictions are planned to be introduced starting next year. According to the decision of the Constitutional Court, the court opened a case on the application of Pro Vape and will assess whether the amendments to the Law on the Traffic in Tobacco Products adopted by the Seimas at the beginning of this year comply with the first three sentences of Article 105 of the Satversme, which states that every resident of Latvia has the right to property, property cannot be used contrary to the interests of society, and property rights can only be limited in accordance with the law. The manufacturer challenged part of the amendments, which, starting next year, prohibit the marketing of liquids for electronic smoking devices and tobacco substitutes that contain flavorings, with the exception of flavorings with the smell or taste of tobacco. It will also be prohibited to sell tobacco products if they contain additives that make nicotine easier to inhale or consume, including menthol, its analogues and geraniol. The Investigative Committee ordered the Seimas to submit its vision of the situation with a description of the factual circumstances of the case and legal justification by September 2. Let us remember that Pro Vape criticized the amendments immediately after their adoption, saying that the changes would be “very beneficial for the illegal market.” Pro Vape estimates that flavored products make up about 90% of the non-tobacco market. “As a result, the ban on flavors other than tobacco can be considered a de facto ban on this entire product group,” the company said. They added that if the legal sale of goods for which there is demand is prohibited, they will begin to be bought illegally. According to Firmas.lv, Pro Vape's turnover in 2022 amounted to 76.285 million euros, which is 93.1% more than in 2021, while profits decreased by 38.9% to 6.452 million euros. Results for 2023 are not yet known. The company was registered in 2016 with a fixed capital of 2,800 euros. Pro Vape is owned by Mārtiņš Jamonts, who owns 75% of the company's shares through MJ Holding, and Edjus Pitska, who owns 25% of the shares through TP Holding.
