[Intl-tobacco] EU advertising ban in trouble, but UK Government must respond with a Tobacco Bill through Westminster (fwd)

[Robert Weissman]

EU advertising ban in trouble, but UK Government must respond with a Tobacco 
Bill through Westminster
Source: ASH London, Thursday, 6/15/00

The Advocate General of the European Court of Justice produced a legal
opinion arguing that the 1998 EU Directive (98/43/EC) banning tobacco
advertising and sponsorship has an inappropriate legal base under the EU
Amsterdam Treaty.  The Advocate General has recommended that the ECJ
annuls the directive when it decides on complaints of the German
Government and tobacco industry latter this year.

Clive Bates, Director of ASH comments:

"It's a setback and we are disappointed.  The law governing the single
market is not supposed to promote trade at any cost, but with a high level
of health and consumer protection.  We hope the European Court will
recognise this proper interpretation of the Amsterdam Treaty Article 95."

But ASH highlighted the likely response to an adverse decision in the ECJ.

"Despite this setback, there is a very big and bright silver lining.  
Ministers will now come under intense pressure to introduce a bill through
Westminster to meet Labour's 1997 manifesto commitment to ban tobacco
advertising.  If a Tobacco Bill is introduced in Westminster it will be
enable the Government to close all the loopholes in the advertising ban,
introduce some of the Health Select Committee recommendations and
implement the tobacco product directive that went through the European
Parliament yesterday".  said Bates.

"Paradoxically, this setback in Europe could give us much tighter
legislation in Britain. This will be better in the long term though we
will have yet more frustrating delay and further unnecessary harm to
health while sound tobacco policies are blocked with legal manoeuvring"
said Bates.

Notes:

Advocate General's report www.curia.eu.int +352 4303 3355 for press office

The ECJ does not have to follow the Advocate general's opinion, but this
is likely to be influential.  The ECJ's decision is expected in the
autumn.

The Advocate General's opinion will influence the House of Lords which is
deciding whether to allow the UK government to introduce the first phase
of the advertising ban.  The Government had proposed to do this on 10
December 1999, but was blocked by a legal challenge by the tobacco
industry.  This was overturned at the Court of Appeal, but the block on
the ban was kept in place pending a decision by the House of Lords. The
HoL heard the case in May and a decision is awaited, but it is likely that
the Lords will keep the block in place until the ECJ makes its ruling.
Loopholes in the advertising ban include brand-stretching, point of sale
advertising, specialist shops, and the Internet.  More details at:
www.ash.org.uk/papers/dir9843ec.html

Contact Clive Bates, ASH (020) 7739 5902