Plain packaging: judge dismisses "full scale attack on Regulations"
Thursday, May 19, 2016 at 15:16
Simon Clark

The tobacco companies have lost their High Court challenge against the new plain packaging rules.

No surprise there. Not because I don't think the companies had a good case. They did. No, what surprised me was the judge's take on things.

You would expect the summary of judgement to be rather dry. Not a bit of it. According to Mr Justice Green, "the tobacco claimants have sought to launch a full scale attack on the Regulations."

"A full scale attack"? That's a bit tendentious, surely. Also, if anyone's conducting a war, it's government and public health, and the enemy is every member of the tobacco chain including manufacturers and consumers.

Today's announcement – the day before the new rules are introduced – also feels remarkably stage-managed. Perhaps that's too cynical, even for me, but it guarantees that the introduction of plain packaging tomorrow gets a fresh new hook.

The Press Association for example has reported, Tobacco giants lose High Court challenge over new plain packaging rules.

ASH, naturally, are cockahoop:

Chief executive Deborah Arnott said: "This landmark judgment is a crushing defeat for the tobacco industry and fully justifies the Government's determination to go ahead with the introduction of standardised packaging.

Yeah, yeah. The only reason the Government went ahead with plain packaging was to get it out of the way before the General Election following pressure from Labour. It had sweet FA to do with health. This was politics, pure and simple.

The PA report also features responses from JTI and Forest. I'm quoted as follows:

Simon Clark, director of smokers' group Forest, said: "The judgment is very disappointing. Plain packaging treats adults like children and teenagers like idiots.

"Everyone knows the health risks of smoking and very few people start because of the packaging.

"Plain packaging has nothing to do with health. It's gesture politics designed to appease public health campaigners who are forever searching for new ways to force smokers to quit.

"Plain packaging is a declaration of war on consumers because the aim is to denormalise not just the product but also millions of adults who enjoy smoking and don't want to quit.

"If you don't smoke but enjoy alcohol, sugary drinks and convenience food you should be concerned by this judgment because the health police are coming for you too."

Anyway, if you've time read the judgement summary and tell me what you think.

I've got some radio interviews to do this afternoon but I'll update this post later.

PS. I'm on Good Morning Britain in the morning. Please, ITV, don't force me to share the green room with Deborah. Not at 6.30. I couldn't bear it.

Update: While I'm on GMB my Action on Consumer Choice colleague Rob Lyons will be on LBC. A little later I'm on Five Live Breakfast and later still Talk Radio.

Update: It's just been confirmed. I shall be on the GMB sofa with Deborah Arnott. What a wonderful start to the day.

Update: Forest has been widely quoted online at home and abroad this afternoon. Here are a handful of examples:

BBC News, Guardian, Daily Mirror, Press Association and many more.

Update: Good Morning Britain has dropped the item on plain packaging. The good news is I don't have to get up at 4.00pm and drive to London and I don't have to share an early morning sofa with Ms Arnott.

I'm still on Five Live at 7.40, hopefully in a studio in Cambridge.

Update: Even better, I'm going to use Skype so instead of a 40-mile round trip I will be addressing the nation from my kitchen.

Update: Dropped by Five Live 30 minutes before I was due on air. Same reason as GMB - "other stories".

Shows there are far more important things in the world than plain packaging and tobacco control. Someone should tell the government.

Article originally appeared on Simon Clark (http://taking-liberties.squarespace.com/).
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