Henning, Peter K.; Shmatenko, Leonid --- "Tobacco control in Europe: the potential for plain packaging" [2014] ELECD 541; in Mitchell, D. Andrew; Voon, Tania (eds), "The Global Tobacco Epidemic and the Law" (Edward Elgar Publishing, 2014) 187

Book Title: The Global Tobacco Epidemic and the Law

Editor(s): Mitchell, D. Andrew; Voon, Tania

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783471515

Section: Chapter 11

Section Title: Tobacco control in Europe: the potential for plain packaging

Author(s): Henning, Peter K.; Shmatenko, Leonid

Number of pages: 22

Abstract/Description:

The caption was done in distinctive cigarette-pack typeface, ‘Hysterica Bold’, they called it at the office. It said, WARNING: SOME PEOPLE WILL SAY ANYTHING TO SELL CIGARETTES. Ever since it was scientifically proven that smoking harms your health, legislators around the world have tried to enforce stricter tobacco control policy on the grounds of public health. Tobacco manufacturers, on the contrary, try to undermine this policy. The newest trend in tobacco control policy is the so-called plain packaging, a package with a standardised appearance containing large health warnings. Trademarks, logos, etc, are not allowed. Canada was the first government to try to introduce plain packaging in 1994. The introduction failed due to concerns regarding the trademark rights of the tobacco manufacturers. Concerns regarding violations of obligations under the law of the World Trade Organization (WTO) and the North American Free Trade Agreement, in particular, caused the Canadian Government to abandon the plans. A few years later, the United Kingdom wanted to introduce plain packaging. However, almost the same considerations led to the cancellation of these plans. Additionally, the British Government considered that the measures would possibly violate the prohibition on restrictions on free movement of goods within the European Union (EU) pursuant to article 34 of the Treaty on the Functioning of the European Union (TFEU). On 28 November 2013, however, the British Department of Health requested an independent review of the current public health evidence on plain packaging.