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ECJ interim ruling backs cigarette pack health warnings

Ireland planning to bring in plain cigarette packaging
Ireland planning to bring in plain cigarette packaging

A European Court of Justice preliminary ruling has backed the validity of an EU law directive which could see health warnings cover nearly two-thirds of cigarette packs.

The ruling is also a boost to Irish plans to bring in plain cigarette packaging.

Today’s preliminary ruling comes after tobacco companies, Philip Morris and British American Tobacco, brought proceedings against the EU Tobacco Products Directive (TPD).

In a majority of cases, opinions of the court advisers are reflected in the final ruling, which should follow in the coming months.

"(The advocate general) considers the EU tobacco directive of 2014 to be valid, in particular the extensive standardization of packaging, the future EU-wide prohibition on menthol cigarettes and special rules for e-cigarettes are lawful," the opinion said.

Reacting to today’s interim judgment, Minister for Children and Youth Affairs Dr James Reilly said: "It is a source of real satisfaction that an industry which causes the premature death of 50% of the habitual users of its products has failed to derail the democratic will of the people.

"In Ireland the legislation to introduce plain packaging of tobacco products was passed unanimously by both houses of the Oireachtas. Not a single vote was raised against the proposal.

"Oireachtas members were deeply aware that over five thousand people a year die from smoking related illness in Ireland, a tragedy that could be avoided.

Speaking on RTÉ's 'News at One' programme, Mr Reilly said the ruling will have a huge impact in children not taking up the habit. 

He said all NGO's in Ireland must be recognised for their campaigning in this area. 

The TPD was adopted in May 2014 and comes into force in 2016. It requires measures including pictorial and text health warnings across 65% of tobacco packages and a ban on menthol cigarettes by 2020.

It also preserves the right of member states to introduce packaging rules that are stricter, such as those passed by the Irish Government.