Bruno Lorit, partner, comments for 20 Minutes, the announcement made by the French Minister of Health, Frédéric Valletoux, of his will to ban the energy powder “Sniffy”, which is consumed like cocaine.
He details the legal grounds available to public authorities to ban this product and the avenues of appeal the manufacturer could take against it.
« The minister has the possibility of banning the energy powder on the condition he proves the existence of a danger for consumers or public health and/or non-compliance with the regulations applicable to food supplements. In all cases, its decision must not be disproportionate and respect EU law guaranteeing the free movement of goods within the European Union. The manufacturer benefits from the right to an adversarial procedure and the possibility of going to the administrative court, including through an emergency procedure ».
