EU Tobacco Products Directive Research Articles

The New EU Tobacco Products Directive and Standardized Packaging: [in the Name of ‘Smooth Functioning of the Internal Market’

This article conducts a selective legal analysis of the new Tobacco Products Directive 2014/40/EU, which was formally adopted in April 2014 and which, except for a few provisions, should be implemented in all EUMember States by 20 May 2016. The dominant focus of the article is on the labelling and packaging requirements (including standardized packaging). The labelling and packaging measures, despite ambitious and noble targets, have raised controversial debates about their effect in decreasing tobacco consumption. It has also begged the question whether these rules will contribute to facilitating free movement of tobacco products in the internal market as planned. In light of recent legal challenges and the ECJ’s Preliminary Ruling in Philip Morris Brands SARL and Others v. Secretary of State for Health, the article assesses the validity of the proposed measures under the principles of subsidiarity, proportionality and fundamental rights, as well as the chosen legal basis for the Directive. It continues with the examination of the minimum requirement of the Directive and the possibility for Member States to introduce further requirements relating to packaging. Overall, the article concludes that the Directive’s chosen model of partial harmonization presents a fresh approach to the regulation of labelling and packaging of tobacco products in the internal market. However, it might generate the same results as in the case of minimum harmonization. Namely, further standardization of packaging of tobacco products at the national level will lead to the lack of a harmonized approach, thereby affecting the smooth functioning of the internal market. As a result, new harmonizing rules will be required in the future.

Attitudes of Internet users in Poland toward the new Polish Tobacco Control Law and the EU Tobacco Products Directive – types of arguments and semantic maps portray

Attitudes of Internet users in Poland toward the new Polish Tobacco Control Law and the EU Tobacco Products Directive – types of arguments and semantic maps portray

Does the Judicial Clean Sweep for the New EU Tobacco Directive Mean a New-Fangled Mirth of May?

This working paper examines major developments in May 2016 concerning European tobacco law and policy. Focussing on extensive Court of Justice rulings in three key cases, the legal analysis considers the role of the WHO Framework Convention for Tobacco Control (FCTC) as regards the lawfulness and appropriateness of the new EU Tobacco Products Directive, and more widely EU law and policy for public health given the regulation of other unhealthy lifestyle behaviours. In light of past concerns as to legitimacy and proportionality of EU tobacco control measures and the subsequent emergence of a fundamental rights regime under the EU Charter, this paper considers how convincing the Court has been this time in its interpretation of newly contested measures concerning the European-wide ban of menthol cigarettes, the maiden regime for e-cigarettes, and mandatory standardised product packaging rules including use of large graphic health warnings. The discussion also examines subsequent UK regulations which flow from Article 24(2) of the directive that go beyond EU and FCTC standards as regards packaging measures and the attendant judicial review decision of the English High Court.

Evidence-based policy making? The case of Polish opposition to the EU Tobacco Products Directive

Evidence-based policy making? The case of Polish opposition to the EU Tobacco Products Directive

Electronic Cigarettes in the EU: The Political Economy of Product Regulation

You are the CEO of an e-cigarette company that has just been acquired by a major tobacco company. Your company operates in the European market. The July 2013 draft of the EU Tobacco Products Directive (TPD) recently has been crafted by the European Commission, but it has not yet been examined by the EU Parliament and its Council. The draft proposes that all e-cigarette products be classified as medical devices, regardless of nicotine content. This is the strictest available mode of regulation. If the directive goes into effect as written, e-cigarettes would have to undergo costly and lengthy clinical trials to receive approval and face much stricter marketability restrictions. The case details the state of the e-cigarette industry in 2013, including consumer data, distribution, competition from similar products, and public health concerns. Students will analyze the current regulatory environment, determine what outcome would be most favorable to the e-cigarette industry, and identify the ways to achieve that goal.

The devil is in the detail: tobacco industry political influence in the Dutch implementation of the 2001 EU Tobacco Products Directive

IntroductionThe Dutch implementation of the black border provision in the 2001 European Union Tobacco Products Directive (TPD) is studied to examine the implications of tobacco industry involvement in the implementation...

Young people's perceptions of tobacco packaging: a comparison of EU Tobacco Products Directive & Ireland's Standardisation of Tobacco Act

ObjectivesTo measure young people's perceptions of tobacco packaging according to two current pieces of legislation: The EU Tobacco Products Directive (TPD) and Ireland's Public Health (Standardisation of Tobacco Products) Act.DesignWithin-subject...

The New EU Tobacco Products Directive in the Light of TRIPS: Trademarks and the Protection of Public Health

This article addresses the provisions of the recently adopted EU Tobacco Products Directive regarding the labelling of tobacco products. These provisions are reviewed in the light of the WTO-Agreement on Trade-Related Intellectual Property Rights (TRIPS-Agreement). This article seeks to determine the meaning of Article 8 TRIPS-Agreement as regards measures of WTO Members for the protection of public health. Further, said labelling provisions are assessed as to their necessity for the protection of public health and consistency with the provisions of the TRIPS-Agreement on trademarks, especially Article 20 TRIPS-Agreement.

Understanding the tobacco industry’s interests in smokeless tobacco and harm reduction in order to inform EU health policy

Background The EU Tobacco Products Directive, including a sales ban on snus, is currently under review. Transnational tobacco companies (TTCs) have been lobbying to lift this ban, arguing that switching smokers to snus could be an effective harm reduction approach. While many in public health support such approach, others have concerns that this may ultimately be detrimental to public health. To inform this complex debate, we explored TTCs’ European interests in smokeless tobacco (SLT) and TTCs’ use of the …

The EU Tobacco Products Directive must not be derailed

The EU Tobacco Products Directive must not be derailed