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19 February 2015Trademarks

Irish government ‘not intimidated’ by plain packaging legal threat

The Irish government has vowed to press on with its plan to implement plain packaging legislation for cigarettes despite facing a potential legal challenge from tobacco multinational Japan Tobacco International (JTI) Ireland.

Speaking outside the Irish governmental buildings in Dublin, James Reilly, minister for children and youth affairs, said the government “will not be intimidated” by external forces.

Previously, WIPR reported that JTI Ireland, which owns brands including Benson & Hedges and Silk Cut, had threatened the Irish government with legal action and given it until Friday (February 20) to retract the draft law or face legal action.

But Reilly, speaking after the bill had been debated by the government’s sub-committee on health on Tuesday, said it was clear the proposal was supported by the government and the opposition, and that he was confident plain packaged cigarettes will be in the shops by 2017.

If enacted following a full parliamentary debate, the bill, called the Public Health (Standardised Packaging of Tobacco) Bill 2014, would stop cigarette companies from using their trademarks on packets of cigarettes. Any words, such as the name of the brand, would have to be in a standardised typeface.

The new law would also result in front-of-pack warnings being doubled in size.

In a letter sent to Reilly outlining its legal challenge, JTI said it is prepared to take the government to court to question its authority to enact the legislation.

The company demanded that any steps to pass the bill are not taken until the Court of Justice of the European Union (CJEU) has ruled on a case passed to it by the English High Court.

In November last year, the High Court gave tobacco company Philip Morris International permission to ask the CJEU to rule on the validity of certain provisions in the EU’s Tobacco Products Directive.

The directive allows EU member states to adopt plain packaging measures in “duly justified circumstances”.

Reilly, who introduced the bill as health minister last July but has since become minister for children and youth affairs (although he still has command over passing the bill through parliament), added: “The Irish government will put the health of its citizens first. It won’t be intimidated by external forces.”

A spokesman for JTI Ireland said it had informed the government that it stood ready to file legal proceedings should it continue pushing through the policy.

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Trademarks
17 February 2015   Multinational tobacco company Japan Tobacco International Ireland has threatened legal action against the Irish government if it follows through on its proposal to introduce plain packaging laws for cigarettes.