CERHA HEMPEL has advised Philip Morris Austria GmbH ("PMAT") in connection with the market launch of its first "novel tobacco product" in Austria. The product is based on "heat-not-burn technology" and is already being offered for sale by Philip Morris in several European countries. The placing of the product on the market is subject to approval by the Federal Minister of Social Affairs, Health, Care and Consumer Protection. CERHA HEMPEL represented PMAT both during the approval procedure with the Federal Minister and before the Regional Administrative Court.
The successful launch of the product on the market was supervised and coordinated in-house by the head of PMAT's legal department, Mr. Christoph Oswald. On completion of the approval procedure, he said: "Heat-not-burn products represent the next generation of tobacco products. Their launch in Austria is a very important step for us. Providing legal advice in the highly regulated tobacco market is always fraught with difficulty. We are pleased that the internal work of our team and the support of CERHA HEMPEL ultimately enabled us to quickly obtain official approval for the products as a precondition for successful sales".
PMAT's product is the first such heating device launched on the Austrian market. The legal support provided by PMAT's legal department and CERHA HEMPEL was therefore "pioneering" in terms of tobacco and product law. The partner in charge of the case, Dr. Kristoferitsch, commented: "The proceedings were particularly exciting given the complex regulatory issues, but fortunately the administrative court ruled in PMAT's favour. We would like to thank PMAT for its excellent cooperation, both on a professional and personal level, and for the long-standing trust it has placed in our law firm".
The team at CERHA HEMPEL comprised Partner Dr. Hans Kristoferitsch and Counsel Dr. Armin Schwabl.