[Intl-tobacco] European Court to rule on tobacco ban (fwd)

[Robert Weissman]

European Court to rule on tobacco ban
Source: BBC Online, Wednesday, 10/4/00

	The European Court of Justice is expected to overturn a ban on
tobacco advertising across Europe.

The European Commission introduced legislation in 1998 which aimed to
phase out all tobacco advertising and sponsorship by 2006.

But the move was challenged by tobacco companies and advertisers in
Germany who said the Commission had acted illegally.

In June, an adviser to the European Court said judges should overturn the
law.  The judges are expected to follow that advice when they announce
their decision on Thursday.


Under the plans agreed by the Commission, most forms of tobacco
advertising would be banned within three years of the legislation coming
into effect.

Press advertising would be allowed for a further year while sponsorship of
most sports and arts events would be allowed to continue for a further two
years.

Sponsorship of major international events such as Grand Prix motor racing
was allowed to continue until 2006.

The Commission introduced the legislation as a way of harmonising
different laws across the European Union.

It said that the current system, where different member states had
different laws, hindered free trade within the EU.

But the Advocate General Niall Fennelly, who advises the European Court in
Luxembourg, rejected this argument.

He said the law should be killed off or watered down, so that it only
covered indirect forms of tobacco advertising.

A German advertising association ZAW said it expected a ruling against the
legislation.

A spokesman said: "If the legislation stays, this could cause a domino
effect leading to similar measures in other sectors such as alcohol and
cars.

"The decision is a question of survival for parts of the advertising
industry in Germany.

The tobacco companies, which include Imperial Tobacco Group, Gallaher
Group and British American Tobacco, sought a judicial review of the EU law
through the UK courts.

That case was referred to the European Court for a decision.

'Advertising kills'

Clive Bates, director of the pressure group Action on Smoking and Health
(ASH)  said a ban on tobacco advertising is important.

"People sometimes forget that lives are lost through tobacco advertising.
It encourages adults to continue smoking and helps persuade kids to start.

"Through a chain of addiction and then disease tobacco advertising
ultimately kills people."

He added: "We genuinely need European legislation in this area - there are
over half a million tobacco deaths in the EU and this is one measure that
would help."