Plain packaging laws upheld by English High Court

Plain packaging on cigarette packs will be mandatory in England after the High Court rejected a challenge to the new legislation.

The challenge was lodged by four tobacco firms, Philip Morris International (PMI), British American Tobacco (BAT), Imperial Tobacco and Japan Tobacco International (JTI).

Following the ruling, all tobacco packaging in the UK must be in an olive green colour and with large images as health warnings that must cover 65% of the front and back of every packet.

The law does not apply to Scotland, Wales and Northern Ireland.

So far, just BAT has said it plans to appeal against the decision.

A BAT spokesperson said the judgment was “by no means the final word” on the lawfulness of plain packaging.

“The judgment, if left to stand, should also raise real concerns for many other legitimate businesses as it creates a worrying precedent whereby public policy concerns can ride roughshod over long established fundamental commercial rights,” the spokesperson added.

Ben Townsend, vice-president of EU affairs at JTI, said: “This is an attack on adult consumers’ freedom of choice and yet another example of extreme regulation.”

Marc Firestone, senior vice president of PMI, added it was disappointed with the ruling but had decided not to appeal against the decision.

“We will instead maintain our focus on efforts to develop and commercialise scientifically substantiated reduced-risk products that we firmly believe will ultimately benefit UK smokers and public health much more than plain packaging,” he added.

Earlier this month, WIPR reported that the Court of Justice of the European Union ruled that its tobacco products directive was lawful.