A victory for citizens over big business - The battle against tobacco

YESTERDAY’S preliminary ruling, usually a first step towards complete vindication, by the European Court of Justice, supporting Government intentions to introduce plain packaging for tobacco products is very welcome — all the more so as it seems rulings against conglomerates, intended to protect ordinary citizens, are becoming as scarce as turkey teeth. The court’s advocate general said the standardisation of labelling and packaging is a “proportionate” measure and that it challenges the “coolness” of current packaging.

This ruling will be, hopefully, another nail in the coffin for the tobacco industry and comes just days after a court in Singapore refused a challenge by Philip Morris to Australia’s landmark plain packaging legislation passed in 2011. The tobacco giant had brought the action under a bilateral trade treaty with Hong Kong. The Permanent Court of Arbitration declined to hear the case, effectively ending the challenge through that venue, which was based on claims that Australia was violating intellectual property laws.

The decision was a major victory for Australia, which also faces tobacco industry challenges in the World Trade Organisation (WTO). Australia was the first country to oblige manufacturers to remove all branding from cigarette packets.