Manufacturer challenging Norway display ban
Mar 9, 2010
Philip Morris Norway (PMN) will today start legal proceedings aimed at overturning Norway’s ban on displaying tobacco products in retail stores.

“Display bans have had no impact on reducing smoking in the countries that have implemented them, a fact acknowledged by the Norwegian Ministry of Health and Care Services,” said Anne Edwards, spokesperson for PMN, in a statement posted on Philip Morris International’s website.

“Instead these regulations prevent adult consumers from seeing the available product range and overly restrict competition.

“We have raised these issues with the government to no avail, which has regrettably left us with no choice but to litigate.”

PMN said the goal of the lawsuit was to overturn the display ban and thereby permit retailers to display tobacco products in their stores, enabling adult smokers to see the products on offer. It said it was not seeking any other changes to tobacco-related laws in Norway.

“We fully support tobacco product regulation and effective measures to prevent minors from smoking,” Anne Edwards added.

“However, we believe that the government should focus on proven measures such as strict enforcement of the minimum age law and education campaigns.”

The lawsuit will be filed at the Oslo District Court. It challenges the tobacco product display ban on the grounds that it constitutes a violation of the European Economic Area (EEA) Agreement. As part of the filing, PMN is seeking referral of the case to the European Free Trade Agreement (EFTA) Court in Luxembourg.

The ban on the display of tobacco products in sales outlets in Norway, which applies also to smoking articles such as pipes, cigarette papers, ashtrays and cigarette cases, came into force at the beginning of January.

Display bans are in force also in Iceland, Ireland, all Canadian provinces and the Australian State of New South Wales.

Iceland was the first country to introduce a display ban and, the statement said, as part of the legislative preparations for the display ban in Norway, the Ministry of Health and Care Services noted [Hearing Notice from the Health and Care Service Department, March 2007] that: ‘Iceland prohibited public display of tobacco products in 2001. The percentage of smokers in the Icelandic population (at 15 years of age and above) has sunk from 25 per cent in 2001 to 20 per cent in 2005. However, there are no indications to prove that this reduction is a result of the ban, more than other tobacco preventive measures introduced at the same time.’

The statement posted on the PMI website said that a study by LECG, a leading finance and economic consultancy, had shown that the point of sale display ban in Iceland had had no statistically significant effect on reducing smoking prevalence.

Philip Morris International has launched a website, www.productdisplayban.com in order to provide factual information on the prohibition of the display of tobacco products at point of sale and describe its effects on public health, adult smokers, retailers, tobacco manufacturers and enforcement agencies.