EU Court Slaps Ban on Misleading Cigarette Pack Advertisements
Restriction on Flavor Advertisement on Cigarette Packages Already Applies from Delivery - Decision Proposal on Implementing New Regulations Put Forward by the Commission.
In a significant decision, the European Court of Justice (ECJ) has declared that the prohibition on statements related to taste or smell on cigarette packs isn't limited to the direct point of sale. This ruling, made following a dispute between a tobacco wholesaler and Austrian authorities, aims to minimize the risk of consumers receiving products that go against EU directives and potentially harm their health.
The contention revolved around a "kiosk" in Austria that was fined for selling cigarettes in a pack brandished with the claim, among others, that the product was "perfectly rounded." The ECJ's ruling now suspends the interpretation of the EU directive on tobacco products, specifically regarding what it means to "place on the market."
In Austria, unlike Germany, the directive lacks clarity when it comes to defining the term "place on the market." The directive requires that EU member states guarantee that prohibited tobacco packaging doesn't enter the market. The Austrian court sought clarification on whether this prohibition only applies to the point of sale, notably the tobacco shop in the case at hand.
The ECJ firmly stated that this obligation on EU states extends beyond the instant of consumer handover to account for the risk of consumers receiving non-compliant products.As the underlying legal dispute unfolds between the tobacco wholesaler and Austrian authorities, the court in Vienna must now take the ECJ's legal opinion into account and decide the matter accordingly.
Keywords:- ECJ- Cigarette pack- Cigarette- Austria- Supply chain- EU- Supermarket- Luxembourg- Vienna
Additional Insights:- The Tobacco Products Directive (TPD) generally prohibits the use of misleading or deceptive statements on tobacco packaging, including those related to taste or smell. The directive aims to ensure products aren't presented in ways that could mislead consumers into thinking certain products are safer or less harmful than others.- In the past, the ECJ has supported EU's tobacco control measures, including ruling on various aspects of tobacco regulation to ensure compliance with EU directives and to protect public health.
The European Court of Justice (ECJ) ruling on cigarette pack advertisements now expands the interpretation of the EU directive on tobacco products, ensuring that misleading claims about taste or smell are not limited to direct point-of-sale but also extended to the broader supply chain, including supermarkets and kiosks. Furthermore, in light of the growing emphasis on health-and-wellness, vocational training in science and medical-conditions could equip individuals within the community with the knowledge necessary to address the potential risks associated with non-compliant tobacco products.
