The Independent British Vape Trade Association argued the ruling could push some e-cigarette smokers back to tobacco.
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The ruling follows challenges to the EU Tobacco Products Directive, which was adopted in 2014 but has been held up by a series of court cases.
But the court upheld the EU’s insistence that packaging should not “promote a tobacco product or encourage its consumption”.
“The court finds that, in providing that each unit packet and the outside packaging must carry health warnings. the European Union legislature did not go beyond the limits of what is appropriate and necessary”.
Europe’s highest court has upheld a tough European Union law on standardising cigarette packaging and banning advertising of e-cigarettes, paving the way for its adoption this month.
The court meanwhile rejected Poland’s appeal against the ban on flavoured cigarettes, including menthol cigarettes.
The Tobacco Products Directive will take effect on 20 May, though there is a one-year sell-through period to allow wholesalers and retailers to sell existing stocks.
“Consequently, the court considers that such a prohibition facilitates the smooth functioning of the internal market for tobacco and related products and is at the same time appropriate for ensuring a high level of protection of human health, especially for young people”.
Philip Morris, BAT, and Japan Tobacco went to court again, this time claiming British measures violate the companies’ intellectual property rights. The directive also requires standardized, plain labels that cover cigarette packs at least 65 percent with health warnings.
Individual EU states are also working on new packaging rules.
Agreeing with the Center, the top court said from here on, the Karnataka High Court will hear all the petitions in the tobacco case.
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“We await the United Kingdom court judgement, which is expected shortly, but we are optimistic that the court will confirm that the introduction of standardised packaging in the United Kingdom is lawful”.
