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.

Yesterday’s ECJ ruling has an immediate — and very positive — impact on an action taken against our Government. Japan Tobacco International has initiated proceedings to try to block Government plans to veto cigarette branding from May but the judge in the case has indicated the Government will win if the European court rules in favour of the directive. It seems we can record another victory for citizens over an international business that rewards customers by destroying their health, an industry that offers premature death as the ultimate loyalty reward. These cases, and those sure to follow, just show how determined international tobacco is to continue selling a product directly responsible for millions of deaths. Billions are at stake and the industry is not shy about using its tremendous leverage to do all it can to block national plans to safeguard public health and health resources.

Though not in full retreat yet the tobacco industry is under increasing pressure. Welcoming yesterday’s ruling the Irish Cancer Society pointed out that “plain packaging of tobacco saves lives... big tobacco is throwing everything at stopping its introduction because they need to recruit 50 new smokers every day in Ireland to replace those dying or quitting”.

The ECJ however ruled yesterday that the Scottish government’s plan for a minimum alcohol price would breach EU law if less restrictive tax measures could be introduced. This may have implications for Irish plans to control drink sales.

The tobacco rulings have a value far outside of the lives blighted by nicotine addiction. They show how consumers can confront deliberately vague food packaging that might threaten public health. They show that better food labelling, especially on sugar and fat content, the use of antibiotics in food animals and preservatives can be expected in the medium term. Those who have bravely fought big tobacco to make this possible deserve great credit and profound thanks.