[Nasional-e] Court keeps to strict EU tobacco rules

Wed Sep 18 12:12:08 2002

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International News / Court keeps to strict EU tobacco rules / Ian Black =
in Brussels

Court keeps to strict EU tobacco rules

Ian Black in Brussels

Two of the world's biggest tobacco companies suffered a slap in the face =
last week when their attempt to challenge tough laws on cigarette =
manufacture and marketing was rebuffed by the European court of justice.
British American Tobacco (BAT) and Imperial Tobacco were told that the =
European Union was entitled to limit the levels of tar, nicotine and =
carbon monoxide in cigarettes both sold in Europe and exported. Leendert =
Geelhoed, the advocate general of the court, also justified the banning =
of terms such as "light" and "mild".
With an estimated 500,000 EU nationals dying annually from =
tobacco-related illnesses, industry lobbyists and health groups are =
battling with mounting intensity over these issues.
"This is a good day for Europe because it shows that it is possible to =
build health and consumer protection into free trade and that the EU can =
put its citizens before the commercial freedom of tobacco companies," =
said a delighted Clive Bates, director of the anti-smoking group Ash. =
"It means we are close to having more visible warnings and the removal =
of misleading branding such as 'light' and 'mild', which is one of the =
worst consumer confidence tricks of all time."
The preliminary ruling is not binding on the full 15-member court, but =
the advocate general's advice is usually followed by the =
Luxembourg-based court, the supreme arbiter of EU law.
BAT and Imperial Tobacco tried to show that the EU had overstepped its =
powers. Lawyers for the firms argued that the law, due to come into =
force in 2003, was invalid because it was based on health considerations =
and would not improve the functioning of the EU's single market.
But Mr Geelhoed said the EU had the power to harmonise the market and =
stop trade barriers being created by different sets of labelling rules.
The regulations on the content of cigarettes were voted into law by the =
European Parliament in May 2001 and will force tobacco companies to =
cover more than one-third of each cigarette packet with bold health =
warnings. The manufacturers warned that thousands of jobs would be =
jeopardised by the ban on the manufacture of cigarettes with more than =
10 milligrams of tar. Under the labelling rules, international brands =
such as Marlboro Light and Camel Light will have to be renamed.

The Guardian Weekly 19-9-2002, page 7

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size=3D3>-- International News / Court keeps to strict EU tobacco =
rules /=20
Ian Black in Brussels Court keeps to strict EU tobacco=20
rules Ian Black in Brussels Two of the world's biggest =
tobacco=20
companies suffered a slap in the face last week when their attempt to =
challenge=20
tough laws on cigarette manufacture and marketing was rebuffed by the =
European=20
court of justice. British American Tobacco (BAT) and Imperial Tobacco =
were=20
told that the European Union was entitled to limit the levels of tar, =
nicotine=20
and carbon monoxide in cigarettes both sold in Europe and exported. =
Leendert=20
Geelhoed, the advocate general of the court, also justified the banning =
of terms=20
such as "light" and "mild". With an estimated 500,000 EU nationals =
dying=20
annually from tobacco-related illnesses, industry lobbyists and health =
groups=20
are battling with mounting intensity over these issues. "This is a =
good day=20
for Europe because it shows that it is possible to build health and =
consumer=20
protection into free trade and that the EU can put its citizens before =
the=20
commercial freedom of tobacco companies," said a delighted Clive Bates, =
director=20
of the anti-smoking group Ash. "It means we are close to having more =
visible=20
warnings and the removal of misleading branding such as 'light' and =
'mild',=20
which is one of the worst consumer confidence tricks of all =
time." The=20
preliminary ruling is not binding on the full 15-member court, but the =
advocate=20
general's advice is usually followed by the Luxembourg-based court, the =
supreme=20
arbiter of EU law. BAT and Imperial Tobacco tried to show that the EU =
had=20
overstepped its powers. Lawyers for the firms argued that the law, due =
to come=20
into force in 2003, was invalid because it was based on health =
considerations=20
and would not improve the functioning of the EU's single market. But =
Mr=20
Geelhoed said the EU had the power to harmonise the market and stop =
trade=20
barriers being created by different sets of labelling rules. The =
regulations=20
on the content of cigarettes were voted into law by the European =
Parliament in=20
May 2001 and will force tobacco companies to cover more than one-third =
of each=20
cigarette packet with bold health warnings. The manufacturers warned =
that=20
thousands of jobs would be jeopardised by the ban on the manufacture of=20
cigarettes with more than 10 milligrams of tar. Under the labelling =
rules,=20
international brands such as Marlboro Light and Camel Light will have to =
be=20
renamed. The Guardian Weekly 19-9-2002, page=20
7 </DIV></BODY></HTML>

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