So it seems that Totally Wicked has been rebuffed in the first instance. That is, some sort of Judge Advocate, or whatever, has opined that TW’s case, which depends essentially upon the idea that the requirements of Article 20 of the TPD are anti-competition, is not sufficiently strong. That is, according to the Judge person, the idea that vague, potential, possible harms in the future, and the vague possibility that youths might vape, and that these youths might possibly progress to cigs, are sufficient to justify the failures to follow established procedure, Thus, we have Soubry MP, a Minister, deliberately avoiding Parliamentary scrutiny of the TPD.
I can understand that Judge’s opinion. The decisions to kill ecigs was political, as was the decision to ban snus. When decisions become political, the only answer is to ask where the authority came from.