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.
With offices in Austria, Belarus, Bulgaria, Czech Republic, Hungary, Romania and Slovakia, CERHA HEMPEL is one of Austria's largest and most renowned law firms. For more than nine decades, CERHA HEMPEL has been developing creative and groundbreaking solutions for its clients, as well as providing them with a personal service and expertise in the following areas: antitrust and competition, banking and finance, capital markets, corporate law, data protection and IT, distribution, employment law, insolvency and restructuring, IP and unfair competition, litigation and arbitration, mergers and acquisitions, private clients and trusts, private equity and venture capital, public commercial and European law, real estate and construction, tax law, and white collar crime.
PRESS INFORMATION Vienna, April 2020
CERHA HEMPEL has won numerous awards and in 2019 it was named "Austrian Law Firm of the Year" by JUVE. Furthermore, CERHA HEMPEL is a member of Lex Mundi – The World’s Leading Association of Independent Law Firms – and demonstrates its commitment to the arts as a corporate partner of the Albertina.