EU: EC complains about industry appeal

Following the appeal by four tobacco companies against the phased banning of all advertising of tobacco and tobacco products within the EU between 2001 and 2006, the EC has complained about the motivations of those against the tobacco ban. In a statement to the press, a spokesman for the Commissioner responsible for public health, Padraig Flynn, said that “it is always the same lobbies that act in this manner. We can defend ourselves legally. Our legal basis is solid, according to the legal experts in the European Commission, the Council and European Parliament”. Speaking on behalf of the companies, David Swan of the UK Tobacco Manufacturers’ Association said: “The tobacco industry is entitled to basic legal rights. This is totally unjustified and we will vigorously challenge the basis on which these restrictions to a legal product are being introduced.” In a letter addressed to all MEPs, the Tobacco Manufacturers’ Association has said that it believes that the ban violates a number of principles of European law. The tobacco companies have presented their challenge on the grounds that the ban is a health measure under the single market provisions and, therefore, does not have an adequate legal basis.

According to newspaper reports, the German Government still intends to take similar legal action against the Directive following a statement in June by the German Health Secretary who said that tobacco advertising was a public health measure, and, as such, remained under the responsibility of MS.