Recently, the Government of Portugal has been concerned about the increase in the use of e-cigarettes among its citizens and has introduced the (fictional) No More Smoking Act 2023 to ban the use of cigarettes in all public buildings. While the ban does not directly address the use of e-cigarettes in non-public buildings, the Government has issued a set of Guidelines in which it advised the owners and occupiers of all buildings open to the public to introduce their own rules to ban or reduce the use of e-cigarettes. As a consequence, the overall use of e-cigarettes has been significantly reduced. The No More Smoking Act 2023 has not affected the import, sale, and marketing of e-cigarettes which are still permissible under Portuguese law. 80% of e-cigarettes are imported from other EU countries (primarily from Germany) and only 20% are manufactured in Portugal. The larger importer of e-cigarettes in Portugal, Nico Teen Ltd, has complained about the legitimacy of the No More Smoking Act 2023 in front of the Portuguese High Court. In its Respondent Brief, the Portuguese Government has argued that the ban is justified on health grounds and on the need to protect consumers. Currently, there is no EU ban on the use of e-cigarettes even though the possibility of introducing such ban is being considered by the European Parliament and the Commission. Being friends with one of the Nico Teen's owners and incidentally, a brilliant LLB student at Middlesex, you have agreed to put together a brief memo outlining: 

(i) whether the No More Smoking Act is compatible with EU rules concerning the freedom of movement of goods.

 (ii) whether the ban introduced by the No More Smoking Act can be justified on the grounds cited by the Portuguese Government