EU Court Moves Forward With Antismoking Laws

The European Union’s top court dismissed legal challenges against restrictive tobacco measures.

May 09, 2016

LONDON – Last week tobacco regulations in Europe became tougher, with the European Court of Justice dismissing legal challenges against tobacco regulations, making it possible for plain packaging and other restrictive measures to be rolled out across the country, reports the Wall Street Journal.

The European Union’s top court upheld the 2014 Tobacco Products Directive in its entirety and the decision cannot be appealed. The law bans menthol cigarettes, mandates larger warning labels on cigarette packaging and sets limits on electronic cigarettes, including on how much nicotine they can contain. The court also told Poland and Romania that they have to adopt the new obligations.

The newspaper writes that the high court’s ruling “is a blow for British American Tobacco [BAT] PLC and Philip Morris International Inc., which in 2014 had filed a legal challenge against certain parts of the directive,” including the use of certain product descriptors, the mandatory graphic warning and the ban on certain flavorings. “We stand by our belief that the Tobacco Products Directive is a clear example of the EU overstepping the limits of its authority,” a BAT spokeswoman told the WSJ, adding, “The reality is that many elements of the directive are disproportionate, distort competition and fail to respect the autonomy of the member states.”

Marc Firestone, general counsel of Philip Morris International, told the news source that the ruling isn’t the final word on the overall legality of plain-packaging laws. “Today’s judgment is specific to detailed aspects of EU law, and reflects the substantial deference that the Court of Justice often shows to the EU institutions when reviewing EU legislation,” he said.

Last week’s ruling also deals a blow to e-cigarettes, which limits the nicotine content of e-cigarette liquids to 20 milligrams per milliliter, requires that health authorities be notified of the products, and bans advertising and sponsorship, notes the news source.

The high court also banned menthol, saying its “pleasant flavor” makes the products “more attractive to consumers.”

The ruling also paves the way for the United Kingdom to move forward with its law on plain packaging, set to take effect later this month. Tobacco companies brought a separate case to challenge the legality of the measure, and a decision is expected later this month, notes the news source.

The decision paves the way for the U.K. to go ahead with its own law on plain packaging, slated to take effect later this month. Tobacco companies had brought a separate case in the U.K. challenging the legality of plain packaging, which was heard in December. A judgment—widely expected to favor plain packaging—is due later this month. France and Ireland are among other EU states that have said they would adopt stricter packaging limitations.

Exane BNP Paribas analyst James Bushnell told the news source that the high court’s ruling was “not a surprise, but clearly not positive,” adding, “The biggest danger to the tobacco industry is a more global spread of plain packaging as the latest adopters lend legitimacy to the regulation.”

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