European Court Overturns Ban On Tobacco Advertising

A EU ban on all tobacco advertising has been ruled unlawful by the European Court of Justice today. The UK government had been intending to bring in its own legislation based on the European Community Directive on tobacco advertising and sponsorship. This would have taken effect from December last year, but the implementation of the ban was delayed because of the tobacco industry’s appeal (see Tobacco Ad Ban Upheld By Court).

The European Court of Justice ruled today that the EU Commission had no power to introduce such a ban under single market legislation. David Swan, chief executive of the UK Tobacco Manufacturer’s Association, described the decision as a “watershed”, saying it “vindicates the decision of both the German Government and the UK tobacco companies to bring the legal challenge.”

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