The Advocate General of the European Court of Justice has ruled against a challenge taken to the EU’s Tobacco Products Directive (TBD) (2014/40/EU) by major tobacco companies. The TPD includes measures requiring health warnings to be placed across two thirds of tobacco packages and introduces a ban on menthol cigarettes by 2020. It is due to come into force in 2016. This requirement prompted tobacco giants Phillip Morris and British American Tobacco to petition the Court of Justice to declare the directive invalid.
However on 23 December 2015, the AG upheld the Directive and found that the standardisation of labelling and packaging is proportionate and lawful. Though the ruling of the AG is preliminary and not necessarily indicative of the ultimate outcome, the Court of Justice usually upholds the finding of the AG. As the TBD also preserves the right of Member States to impose stricter measures on the labelling of tobacco products, the result will serve as a boost to future government plans to introduce plain packaging of tobacco products.
Click here to read the full decision of the Advocate General.