JTI Ireland fires up plain packaging debate with legal threat

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

The Public Health (Standardised Packaging of Tobacco) Bill 2014 is being debated today (February 17) by the government’s sub-committee on health.

If enacted following a full parliamentary debate, the bill would stop cigarette companies from using their trademarks on packets of cigarettes. It would mean that any words, such as the name of the brand, would have to be in a standardised typeface.

The bill was last year introduced by James Reilly, who was then health minister. He was moved to the position of minister for children and youth affairs in July, but still has command over passing the bill through parliament.

But Reilly now faces a challenge from JTI Ireland, the parent company of which owns the Benson & Hedges and Silk Cut cigarette brands, after it sent him a letter stating that it may take legal action against the government.

In JTI Ireland's letter to Reilly, seen by the Irish Times, the company said it is prepared to take the government to court to question its authority to enact plain packaging legislation.

The company has 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”.

Igor Dzaja, general manager of JTI Ireland, told WIPR: "We have informed the government that we stand ready to file legal proceedings should it continue pushing for a ‘cut and paste’ policy that has failed in Australia.

"Plain packaging puts politics before evidence. It will further cast serious doubt over Ireland’s solid reputation for protection of intellectual property rights," he added.

Similar proposals to introduce plain packaging laws are being debated in the UK. In January, WIPR reported that the UK government said it planned to vote on legislation before the general election in May this year.

James Reilly did not respond to a request for comment.