The European Union is on course to introduce tougher restrictions on the manufacture, presentation, and sale of cigarettes after two of the world's largest tobacco companies recently had a major legal setback in their attempt to overturn the new rules.
These rules will require cigarette manufacturers to set aside 30% of the front of a packet for clear health messages such as “Smoking kills.” They will also cut the maximum permitted tar levels from 12 mg to 10 mg and outlaw the use of terms such as “low tar,” “ultra light,” and “mild.”
The strict controls would apply to cigarettes both sold in and exported from the European Union.
Soon after EU governments and the European parliament adopted the measures in June last year, British American Tobacco (Investments) and Imperial Tobacco challenged their legality before London's High Court. They argued that the European Union had overstepped its powers.
The case was referred to the European Union's highest legal authority, the European Court of Justice in Luxembourg. After considering the respective arguments, Leendert Geelhoed, one of the senior advocates general who advises the judges, has rejected the companies' complaints and ruled that the legislation is valid.
The advocate general also supported the legislation's right to apply the same restrictions to cigarettes exported from the union. The European Commission has welcomed the advocate general's opinion. But the final decision now rests with the full court, which usually, but not always, follows the advice it has been given.