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11 March 2015Trademarks

Politicians to vote on plain packaging bill in England

Law makers will vote on proposed legislation today (March 11) which, if finally approved, would introduce plain packaging for cigarettes in England.

The draft legislation, proposed by health minister and Conservative Party politician Jane Ellison, will go to a free vote in the House of Commons. A free vote allows Members of Parliament (MPs) to vote on a bill free from party policy restrictions.

If approved by both houses in the UK parliament, it would mean packaging for all cigarette packs sold in England will be in a 'dull brown' colour with the name of the brand in a standardised typeface.

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

According to reports, the bill is expected to pass with the majority of support coming from MPs in the Labour Party and the Liberal Democrats. Around 80 Conservative Party politicians are said to be planning to vote against the proposal.

But the draft legislation has attracted criticism from former police officers who believe it may “lead to more counterfeit products hitting the streets.”

In a letter published in UK newspaper The Telegraph last month, Sir Ian Johnston, former chief constable of the British Transport Police, and several retired police officers including anti-fraud specialists, said: “It makes no sense to introduce legislation that would in effect make tobacco packaging easier to copy ... this will place further pressure on law enforcement at a time when resources are already dwindling”.

The bill must also be approved by the House of Lords.

Earlier this month the Irish government passed similar legislation, but it faces a potential legal challenge from tobacco company JTI Ireland.

JTI Ireland has claimed that the bill should not have passed while the Court Justice of the European Union (CJEU) considers a case referred to it by the English High Court.

The High Court has granted another tobacco company, Philip Morris International, permission to challenge the validity of the EU’s Tobacco Products Directive at the CJEU. The directive was adopted in April 2014 and allows member states to introduce plain packaging legislation for cigarettes in “duly justified circumstances”.

The CJEU has yet to make a decision on the case.

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More on this story

Trademarks
22 January 2015   Law makers in England could vote on a proposed law to introduce plain cigarette packaging before this year’s general election.
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11 March 2015   Politicians in the UK's House of Commons have today voted in favour of implementing a plain packaging law for cigarettes.