EU Court upholds tobacco packaging changes

The Court of Justice of the European Union has dismissed a challenge by major tobacco companies against proposed packaging restrictions.

British American Tobacco and Philip Morris International had challenged the Tobacco Products Directive’s plans to impose larger health warnings, ban menthol flavoured cigarettes, and restrict e-cigarette advertising.

The European court, however, ruled on Wednesday that the proposals “did not go beyond the limits of what is appropriate and necessary”.

The new rules kick-in on 20 May, but new packs will not be on sale until stocks of existing cartons are cleared over the next year.

A British American Tobacco (BAT) spokesperson said the EU was “overstepping the limits of its authority”.

“The reality is that many elements of the directive are disproportionate, distort competition, and fail to respect the autonomy of the Member States.

“It’s also important to remember that this decision does not endorse claims by some that the Directive authorises Member States to adopt plain packaging.”

BAT said the measures went beyond the requirements of the directive and had to comply with the wider principles of EU and international law.

“We urge the governments in all Member States to carefully consider how they will now interpret the directive in to their own national law, and take in to account all of the implementation costs,” the company said.

Meanwhile, UK courts are to rule on plans by the British government to go a step further than the EU directive by introducing plain packaging for tobacco products.

This move is also being challenged by major tobacco companies and a decision is due on 18 May at the High Court.