Flavor Ads on Cigarette Packs Banned in ECJ Ruling on Delivery
Prohibition of Flavor Advertisements on Cigarette Packets Enforced Immediately Upon Delivery, according to ECJ - Decision Proposal on Implementing Novel Regulations Pending Commission Approval
In a blow for tobacco retailers and wholesalers, the European Court of Justice (ECJ) has ruled that flavor advertising on cigarette packaging is prohibited at every stage of the supply chain, not just at the point of sale.
In an unusual case, a wholesaler packaged cigarettes with statements like "perfectly rounded" and delivered them to a tobacco kiosk in Austria. Such taste or smell references are prohibited on cigarette packs under EU regulations. When the tobacco shop manager received a fine for violating these regulations, they contested the decision in court.
The Austrian Administrative Court in Vienna stayed the proceedings and sought clarification from the ECJ on the interpretation of the EU directive on tobacco products. Due to a lack of clear definition in Austria's implementation of the directive, the court wanted to know if prohibiting tobacco products with prohibited packaging solely applies to the tobacco shop.
The ECJ clarified that the obligation of EU states to keep non-compliant products off the market extends beyond the point of sale to minimize the risk of consumers receiving harmful products. This means cigarette packs cannot have any flavor-related Marketing, even during the supply chain, before they reach the supermarket shelf or kiosk.
The Austrian court is now left to decide the outcome of the legal dispute between the tobacco wholesaler and the authorities, considering the ECJ's ruling.
Flavor Bans in Tobacco Marketing
The European Union (EU) has taken substantial measures to curb tobacco use. This includes the prohibition of misleading advertising, such as the promotion of flavored tobacco products beyond traditional tobacco and menthol flavors.
The European Court of Justice plays a crucial role in interpreting these regulations and ensuring consistency across member states. Although specific ECJ rulings on flavor advertising on cigarette packs may not be extensive, they are a testament to the EU's commitment to public health and reducing misleading marketing practices.
Other EU-member countries, like Greece, are considering similar restrictions on flavored e-cigarettes, allowing only natural tobacco and mint flavors. Furthermore, the EU has already imposed bans on certain flavored tobacco products, such as heated tobacco products, to reduce tobacco consumption.
In this new ruling, the ECJ's focus on upholding the integrity of the market by extending flavor bans to the entire supply chain further strengthens the EU's anti-smoking measures.
- The European Court of Justice (ECJ) clarified that the obligation of EU states to prevent non-compliant tobacco products from entering the market extends beyond the point of sale, meaning that any flavor-related marketing on cigarette packs, including during the supply chain, is prohibited to minimize the risk of consumers receiving harmful products.
- Expanding upon their commitment to public health and reducing misleading marketing practices, the European Union (EU) is now considering extending flavor bans to the entire supply chain of tobacco products, following the European Court of Justice's focus on upholding market integrity by prohibiting flavor-related marketing on cigarette packs at every stage of the supply chain.
