Challenges to Tobacco Products Directive fail
Wednesday, May 4, 2016 at 11:23 So the European Court of Justice has ruled that the EU's Tobacco Products Directive is lawful.
The BBC has the story here:
Click here to read the ECJ press release.
[Update: The Press Association also has a report, with a quote from Forest.]
Elements of the directive were challenged by tobacco manufacturers, an e-cigarette company and even the Polish government, supported by Romania.
The new measures will be implemented across the EU from May 20 although manufacturers and retailers have a year in which to comply.
Consumers will notice larger health warnings. Smaller pouches of RYO tobacco will disappear together with all packs that contain fewer than 20 cigarettes. From 2020 menthol cigarettes will also be prohibited.
E-cigarettes will also be hit with restrictions on tanks and e-liquids and a ban on advertising.
Forest's response reads:
"The Tobacco Products Directive treats adult consumers like children.
"Smokers know the health risks and they have a right to buy and consume tobacco without excessive regulations that are designed to stigmatise both the product and the user and reduce consumer choice."
"The implementation of the Tobacco Products Directive highlights the way the European Union imposes measures on member states with little or no public debate and very little scrutiny by national parliaments.
"Consumer rights have been sacrificed by unelected officials in Brussels supported by a compliant government in Westminster."
The TPD also allows individual member states to devise their own packaging rules, hence the introduction (subject to a legal challenge) of plain packaging in the UK.
Later today I'll have news of a special event to mark that very issue. Watch this space.
Reader Comments (15)
As if the law was ever going to protect us or go against the fascist institution that most people in this country despise. Better Off OUT!
Oh, and of course that "legal challenge" in the UK is already decided too. Prepare to lose all consumer rights and be treated like scum by an oppressive Govt that allows paid quangos to decide what we can and can't do in a country that really isn't free anymore. Zeig Heil.
What's left?
Is there anything that tobacco control can do now other than banning tobacco altogether...of course they won't push for that because of the £12bn tax revenue the Treasury receives each year. What stinking hypocrites!
Yes out of the EU ASAP ! However we smokers will always be targeted as we are compliant and a soft touch. It is now time we broke the law on all their stupid bans. These people are after total prohibition and must be resisted.
Dennis, tax won't save smokers. They are already planning to replace that with criminal penalties for smokers they know will never quit.
How much for a dropped CIG end? How much for smoking in a work van? How much for allowing after hours smoking lock ins in a pub? How much for smoking in a car? How much when ban after ban is implemented and enforced in town centres, beaches, etc... How much when they make smoking illegal for possession of tobacco?
Never believe that smoker's tax matters. If it did then govts would listen and stop treating us like criminals already.
We are largely past the point of legal challenges. Political action is necessary to stem the tide of discrimination and oppression of smokers.
Fight back and have a cig packet cover ready. Continue to shame the career politicains for what they are.
Lies by pen-pushers and those following lucre and power in times of austerity are revealed more easily.
There's no opposition to the government at the moment so the people have to speak.
Stuff plain packaging. Use your nod. Tobacco is perfectly legal in our country. It's a shame that certain prescription drugs are still legal though along with the commission payments that GPS receive to prescribe them.
For those few smokers who may find the new packaging offensive, there is a wonderful cheap alternative:
See: http://www.alibaba.com/showroom/custom-cigarette-box.html
Yes personalise your packets and make them very public. When i know what size packets will be etc i have a number of stickers planned. Also invest in a cigarette case and let these domineering fascist bullies see what a pleasant enjoyable, civilised experience smoking tobacco is.
More than the look of these packets, from a consumer's point of view, how the hell will we know what we're buying and whether it is the type of tobacco we like? If, for example, if we bought the wrong type because there was no information to tell us what we're buying, would we be allowed to take the goods back and exchange them until we find the right one? Somehow I think shopkeepers would tell us to and take a hike and Govt wouldn't care less that we have less rights to product information that any other consumer. It's not about how packs look. It is about what is in them.
Imagine if it was chocolate. I like milk chocolate. If it was in such packaging, how would I know that what I bought was dark chocolate, chocolate with nuts in, or raisins, or white chocolate?
It's not just about packaging but theft of consumer rights to information about what they are buying. That matters more than the offensive images.
Pat
Article 13
16. Plain packaging.
"The effect of advertising or promotion on packaging can be eliminated by requiring plain packaging: black and white or two contrasting colours, as prescribed by national authorities: nothing other than a brand name and/or manufacturer’s name, contact details and the quantity of the product in the packaging, without any logos or other features apart from health warnings, tax stamps and other government mandated information or markings: prescribed font style and size: and standardized shape, size and materials.
There should be no advertising or promotion inside or attached to the package or on individual cigarettes or other tobacco products”
http://www.who.int/fctc/guidelines/article_13.pdf
So both you and the shopkeeper should know what brand it is if you look closely at the small print.
They have been planning this since 2008.
"At its third session in November 2008, the Conference of the Parties (COP) adopted guidelines for implementation of Article 13 of the WHO FCTC on "Tobacco advertising, promotion and sponsorship" (decision FCTC/COP3(12)"
But I don't choose brand. I choose type. I like yellow virginia. I will be most unhappy and feel conned if I end up buying a dark harsh tasting tobacco because I am not allowed to know what blends are contained within.
Yes i am the same. I look for Oriental/Turkish tobacco. How on earth will i know what is what. Why should smokers have no consumer rights despite paying huge prices. Why have tobacco companies not declared what brands will continue and what thpe of tobacco they contain ?
Tobacco companies do as they are ordered by law.I don't think they are allowed to promote their product or talk to their consumers. That right went a long time ago.
We are being punished. Now they have control of the packet, they will get control of what is inside. Now tobacco really is going to be dangerous. That people who hate us have control over the contents makes me feel sure that they will contaminate it and that worries me a lot.
Am I being paranoid? Maybe, but let's face it, there really are no levels that the swivel eyed smokerphobics won't stoop too.
They have that future vision of a world without smokers in their sights and so to help smokers who won't quit on their way, I wouldn't be surprised if they up the levels of poison in tobacco. After all, the chemicals are in there only because the DoH demands they are in there. http://www.ash.org.uk/files/documents/ASH_847.pdf ... and after all, who scrutinises those who continually attack us? No one.
The EU and Govt have just made us much less safer as smokers and have opened up the criminal market to our children who up to this point have been protected by legislation and regulations that don't have any effect on sales of tobacco underground.
I see Govt has u-turned again on its academy school flagship project. Are we really saying that they cannot be turned back on plain packs given that the vast majority of the public really does not want this madness because it is dangerous, but only a handful of paid professionals whose jobs and careers depend on bashing smokers do?
Exactly. With cigarettes in branded packets and behind shuttered doors they are largely out of view of youngsters. Now there will be all sorts of illegal cigarettes around. As you say all they really want is prohibition. We all know that works doesnt it !!!!