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Tobacco firms lose UK court bid to stop standard packaging
British American Tobacco (BAT), Philip Morris International, Japan Tobacco International and Imperial Brands had argued the law, due to take effect on Friday, unlawfully took away their intellectual property.
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A ruling in the case brought by four of the world’s biggest firms is being given in London on Thursday by Mr Justice Green, who heard the case in December.
The directive also allowed the United Kingdom to go further and introduce its own regulations requiring all tobacco packaging to be uniformly olive green with large images created to act as health warnings.
In his 386-page ruling, Mr Justice Green said: “The regulations were lawful when they were promulgated by Parliament and they are lawful now in the light of the most up-to-date evidence”.
Smokefree South West became the first organisation in the northern hemisphere to call for a change to the way tobacco companies market their products, receiving over 211,000 sign-ups of support to the award-winning Plain Packs Protect campaign across the country.
As of Friday 20th June 2016, pictorial health warnings will now have to cover 65% of the front and back of every packet, with additional warnings emblazoned across the top of the pack. He said the company has been preparing for plain packaging for three years and is “confident that our brands and product portfolios are well positioned”.
Daniel Sciamma, UK managing director of JTI, said: “We will continue to challenge the legality of plain packaging. The fact remains that our branding has been eradicated and we maintain that this is unlawful”, he said.
“Everyone knows the health risks of smoking and very few people start because of the packaging”. “No two jurisdictions are the same and any government considering plain packaging will need to ensure that it complies with the fundamental rights of businesses relevant to that country, and be mindful of the World Trade Organization dispute on plain packaging, which is still ongoing”, said the spokesman.
Public-health officials counter that brand identity-which is communicated largely through branded packs-plays a major role in recruiting children and young people as smokers, and that research shows that tiresome, standardized packs are less attractive to youngsters.
BAT argued that the judgment isn’t a precedent for other governments to introduce plain packaging.
“If you don’t smoke but enjoy alcohol, sugary drinks and convenience food you should be concerned by this judgment because the health police are coming for you too”.
It includes a ban on menthol cigarettes and “lipstick-style” packs aimed at women and a ban on promotional statements such as “this product is free of additives” or “is less harmful than other brands”.
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“Millions of pounds have been spent on some of the country’s most expensive lawyers in the hope of blocking the policy”.