CJEU Advocate General backs Tobacco Directive
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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


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 ros bottom lb

More from across our site

Firms explain how monitoring, referrals and relationships with foreign firms helped them get more work at the TTAB
Luke Toft explains why he moved back to Fox Rothschild after working in-house at Sleep Number for five months
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
In a seminal ruling, the Beijing Internet Court said images generated by Stable Diffusion counted as original works
Boston-based John Lanza is hoping to work more with life sciences colleagues on the ‘exciting’ application of AI to drug discovery
The Delhi High Court has expressed its willingness to set global licensing terms in the Nokia-Oppo dispute, but it must deal with longstanding problems first
Some patent counsel are still encountering errors even though the USPTO has fully transitioned to the new system
A senior USPTO attorney spoke at a Nokia-sponsored event on the EU’s proposed SEP Regulation today, November 29
IP counsel are ‘flooded’ with queries from clients worried about deepfakes, but the law has so far come up short
Each week Managing IP speaks to a different IP practitioner about their life and career