Challenge to UK plain packs law ‘unlikely to succeed’

A legal analysis has found that the UK’s proposed standardized tobacco packaging legislation is compatible with European law, according to a story posted on the website of Cancer Research Campaign.

Professor Alberto Alemanno, co-author of the report, which was funded by Action on Smoking and Health (ASH) and Cancer Research UK, said there was such strong evidence to support the new law that any challenge from the tobacco industry would be unlikely to succeed.

“Our analysis demonstrates that under current EU law the UK government is entitled to regulate the packaging of tobacco products well beyond what the EU prescribes, said Alemanno, of HEC (Hautes Etudes Commerciales business school), Paris.

“The UK government therefore enjoys considerable freedom of action in regulating the presentation of tobacco products, particularly given the overwhelming evidence of the harm that tobacco consumption causes.

“There is also a carefully established and strong evidence base supporting the introduction of standardized packaging. For these reasons, we believe that any challenge by the tobacco industry against standardized packaging under European law is unlikely to succeed.”

The report said also that the proposed regulations were on safe ground in relation to trademarks and the rights of people within the EU – neither of which prevented EU countries from introducing new public health legislation.