The opinion does not come as a surprise, and in no way makes any difference to the final outcome of the case, which we won't see till probably around March 2016 or even later going on the speed these things usually take. However we should be neither overjoyed or disheartened by what the judge said. It was as most expected, and only gives the opinion of the head honcho judge on the legal merits of the case. The chances overall for this case have always been slim to nil anyway in my opinion, so we must still work towards the implementation of TPD in the UK, and how we can amend it in our favour. Personally I feel we have no chance whatsoever in getting the UK government to enact anything that goes against or does not implement TPD in full in the UK. We can shout and scream, jump up and down till we're blue in the face, and it will not make a jot of difference. The UK government are not going to go against the EU on this, unlike say prisoners voting rights. So any proposals put forward to the DoH by us vapers will need to be in compliance with TPD.
If anyone thinks voting to leave the EU whenever the vote takes place, will have an impact. Again I think you are barking up the wrong tree. TPD will be so well ingrained in our domestic legislation by the time we leave, if we do I should say, that I seriously doubt the politicians will be arsed changing it 5 years down the road. Vaping and the world will have moved on, that in all likelihood it will be a non issue.