Philip Morris, British American Tobacco and Imperial Tobacco, among other tobacco companies, have joined forces to attack the legality of the proposed Tobacco Products Directive in the European Union. The case was referred to the European Court of Justice on Monday, after a hearing in London, BBC News reports. The highest court in Europe will be asked to rule whether the European Union has abused its power to impose the new rules, and whether the ruling was proportionate.
The new EU Tobacco Products Directive would have a major impact on the packaging of tobacco products in the 28 state bloc. Among others, it will require picture health rulings to cover 65% of the front and back of the packs, and 50% of the sides of the packages to be covered in text health rulings. Besides, the revised directive will ban “lipstick”-style packs, which often target the young female customers, and misleading features and elements on the packaging of tobacco products, like references to lifestyle benefits, the absence of artificial flavorings and claims stating that certain categories of products are less harmful than others.
The above mentioned tobacco companies have chosen England to challenge the revised directive because it provides a fast and efficient forum for private litigants to reach the European courts. Although the EU considers the revised directive to be a means to deter young people from experimenting with tobacco, thus becoming addicted to it, the producers do not agree. According to Marc Firestone, senior vice president of the British American Tobacco Corporation, the revisions raise serious questions about the free movement of goods and competition within the European Union, disrupting the balance that the EU treaties have established between the bloc and the member states. He agrees to the strict regulation of tobacco products in the EU, but with measures that honor the standing treaties.