CJEU Advocate General backs Tobacco Directive

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

CJEU Advocate General backs Tobacco Directive

The EU Tobacco Directive is lawful, according to an opinion by CJEU Advocate General Kokott

cigarette

The 2014 directive provides standardised labelling and packaging in the EU, prohibits sales of menthol cigarettes and regulates e-cigarettes. 

The packaging requirements affect the shape, size and minimum content of cigarette packets and require health warnings to be more visible. The directive leaves member states free to implement more restrictive plain packaging requirements.

Poland and Romania had challenged aspects of the regulation, while Philip Morris challenged the implementation of the directive in the England and Wales High Court, which referred questions to the CJEU.

According to a CJEU press release,in an opinion covering all the relevant cases, Kokott said the measures in the directive were lawful and proportionate and did not infringe principles of equal treatment, free competition or fundamental rights.

The CJEU is expected to give its judgment in the cases next year.

In the meantime, Philip Morris and other tobacco companies are pursuing a legal challenge to UK legislation introducing plain packaging in the national courts.

more from across site and SHARED ros bottom lb

More from across our site

Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
The latest in a dispute over juicing machines, and a shakeup in judicial compositions were also among the top developments
Patent partner Robert Hollingshead explains why the firm remains committed to Japan despite several US firms exiting the Japanese and greater Asia market
Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Attain IP, developed by two UK patent lawyers, will meet ‘forensic’ needs of patent attorneys by showing a verifiable reasoning chain, according to its co-founders
The High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Gift this article