In a decree, the European Court validated the provisions on the plain package, menthol cigarettes and e-cigarettes.
Good news for countries that have adopted these tobacco control measures. The European Court validated the provisions relating to the plain packaging of cigarette packets, thus dismissing the appeal of Poland, which had seized the court to contest the validity of the plain packet and the other measures provided for by the European directive on tobacco products.
In a communicated, the Court, based in Luxembourg, explained that the ban on affixing on the labeling or the outer packaging a message intended to promote or encourage consumption was “likely to protect consumers against the risks associated with smoking “.
Legitimate measures
“The legislator has not gone beyond the limits of what is appropriate and necessary” by establishing the obligation of health warnings and shock photographs on 65% of the front and rear faces of the package, ruled the Court, which leaves the possibility for Member States to maintain or introduce new requirements with regard to aspects of packages “which are not harmonized by the directive”.
In addition, the Court reaffirmed in its judgment the validity of the ban on menthol cigarettes. Their “pleasant aroma” aims to make tobacco products “more attractive to the consumer”, which goes against the fight against smoking and addiction, she explains, again defeating the disputed Poland. this ban.
Finally, the special regime applicable to electronic cigarettes was validated by the Court, in particular as regards the limit nicotine content of 20 grams per milliliter, as well as a series of obligations and prohibitions in terms of information and promotion.
“By subjecting these cigarettes to a separate legal regime and, moreover, less strict than that applicable to tobacco products, the Union legislature has not infringed the principle of equal treatment”, we can read in the order.
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