Streit um E-Zigarette geht weiter

Noch nicht endgültig entschieden ist die Frage, ob die E-Zigarette ein Arzneimittel ist und daher nur in der Apotheke vertrieben werden kann. Das Oberverwaltungsgericht Münster hält die E-Zigarette nicht für ein Arzneimittel.

Streit um E-Zigarette geht weiter
Streit um E-Zigarette geht weiter

Die Entscheidung des Oberverwaltungsgerichts Münster zur E-Zigarette ist noch nicht endgültig, da noch eine Revision des aktuellen Urteils bei einem obersten Bundesgericht möglich bleibt. Der Streit um die E-Zigarette ist so lange schon anhängig, wie es die E-Zigarette gibt. Viele Politiker sehen die E-Zigarette als apothekenpflichtiges Arzneimittel an, weil sie überwiegend therapeutischen Zwecken dienen sollte. Mit Hilfe der E-Zigarette kann man genau wie bei Nikotin-Pflastern und Nikotin-Kaugummis sich vom Tabakgenuss entwöhnen. Man kann aber auch die E-Zigarette als Genussmittel wie normale Zigaretten einstufen und dann ist es möglich, dass man die E-Zigarette überall an Erwachsene verkaufen kann.

Die Verwaltungsgerichte tendieren gegenwärtig wohl dazu, die E-Zigarette als Genussmittel einzuschätzen; man lässt aber eine Revision beim Bundesverwaltungsgericht zu, wo dann irgendwann eine endgültige Entscheidung über die E-Zigarette fallen soll.

Als Begründung für die Aussage, dass die E-Zigarette kein Medizinprodukt ist, wird ausgeführt, dass die E-Zigarette nicht als Mittel zur Bekämpfung von Krankheiten vorgesehen, angeboten bzw. verwendet werde. Man könne nicht so ohne weiteres eine therapeutische Eignung oder Zweckbestimmung feststellen.

Der freie Verkauf von E-Zigaretten außerhalb von Apotheken bleibt also nach diesem Urteil vorstellbar. Die E-Zigarette ist damit ein Genussmittel und hat nicht den Zweck, den Rauchern einen Ausstieg aus ihrer Tabakabhängigkeit aufzuzeigen. Um die E-Zigarette als Arzneimittel einzuordnen sind also politische Maßnahmen nötig, die die E-Zigarette genau auf die therapeutischen Ziele des Tabakentwöhnens zuschneidet.

Bildnachweis: © Miriam Dörr –



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