Tobacco rule dictates warning photos on cigarette boxes

ECJ confirms new rules for cigarettes and e-cigarettes
Luxembourg (jur). Just before its entry into force on 19 May 2016, the European Court of Justice (ECJ) in Luxembourg confirmed the legality of the EU Tobacco Directive (Ref .: C-358/14 and others). Among other things, it provides larger warnings with photos on the packs.

Court confirms warning images on cigarette packs. Image: Bits and Splits - fotolia

The new Tobacco Directive was adopted in April 2014. Germany has not yet implemented them. After the two-year implementation period, however, the directive will apply automatically from 19 May 2016, even without German law.

In particular, the new directive provides for larger warnings with photos depicting damage to health caused by smoking. A box must contain at least 20 cigarettes. Menthol and other additives are banned if they clearly overlap the taste of tobacco and give a cigarette a "characterizing taste".

In addition, the regulations for e-cigarettes will be tightened. For example, the size of the refill bottles and the tanks is limited by disposable e-cigarettes and the nicotine concentration contained in the "Liquid". The e-cigarettes are notifiable, must have a child safety device and a leaflet and also for them a ban on advertising and the obligation of warnings apply.

Poland complained directly to the ECJ and to producers in the UK. Poland specifically opposed the ban on menthol cigarettes (ref .: C-358/14). The British manufacturer of e-cigarettes Pillbox38 criticized the new requirements for e-cigarettes (ref .: C-477/14). The tobacco company Philip Morris wanted to ensure that the EU Directive is not fully implemented in the UK (Ref .: C-547/14).

The ECJ has now confirmed the directive. Menthol and other flavors should make smoking more enjoyable and facilitate entry into nicotine consumption. This would be contrary to the Europe-wide goal of reducing tobacco consumption. In addition, the individual EU states dealt with this problem in very different ways. Therefore, a single rule for the entire EU internal market is justified.

The new rules for packaging design were also approved by the highest EU judges. The EU legislature has "not exceeded the limits of what is appropriate and necessary".

E-cigarettes differed significantly from tobacco products, the ECJ continued. Therefore, it is not contrary to the principle of equal treatment that there are separate rules here. In view of the growing market, EU-wide rules are also needed to ensure free trade. In view of the "proven and potential risks" of e-cigarettes, the EU legislator was also allowed to take precautionary restrictive measures.

Finally, the Luxembourg judges emphasized the validity of the directive in all EU countries. Great Britain and other countries should therefore only come up with their own rules insofar as the directive does not contain any binding provisions. (MWO)