A number of tobacco firms (including Philip Morris, British American Tobacco (BAT) and Imperial Tobacco) formed a coalition to oppose the new EU packaging rules, and the UK’s High Court has referred the case to the EU’s Court of Justice.
The European Parliament passed reforms earlier this year that will make it compulsory to display health warnings covering 65% of the front and back of tobacco packaging.
The EU’s top court will be asked to consider if the EU has misused its powers to legislate for tobacco and whether its actions are proportionate.
It will also have to decide whether the new directive complies with the principle of “subsidiarity” – whether decisions should be taken on a national or regional level rather than by the EU.
The EU insists the new rules will “deter young people from experimenting with, and becoming addicted to, tobacco”.
But Marc Firestone, Philip Morris senior vice president, said the directive “raises serious questions” about the free movement of goods and competition within the EU.
“We believe the directive disrupts the balance that the EU treaties establish between the Union and the member states, and we are looking forward to a thorough, objective review by the EU’s highest court,” he said.
Mr Firestone said there was no disagreement that tobacco products should be strictly regulated, “but measures must honour the EU treaties”.
The review by the Court of Justice could take up to two years. Some anti-smoking campaigners fear this could be part of a wider drawn out opposition campaign to the new packaging rules.
