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16 May 2016Trademarks

WIPR survey: Readers back reduced health warnings for cigarette packets

A health warning covering 50% of a cigarette packet instead of 65% would be acceptable, WIPR readers have said.

Earlier this month, WIPR reported that the Court of Justice of the European Union (CJEU) ruled that the EU’s Tobacco Products Directive was valid, following a challenge by tobacco companies Philip Morris International and British American Tobacco.

Under the directive, tobacco companies must put graphic images on the front cover of cigarette packs. The warnings must cover more than 60% of the packaging, reducing companies’ ability to promote trademarks and branding.

According to the CJEU, the provisions that the health warning should cover 65% of the external front and back surface of each packet are “proportionate and compliant with the interest of public health protection”.

After we asked our readers whether a health warning covering 50% would be an acceptable alternative, 58% of readers agreed.

Some readers went slightly further with one calling for a total ban on marketing.

Another added: “This is something we are trying to discourage people to do so should we not be doing as much as possible to put people off buying. I say why not more!”

Another said: “Research from Australia shows that plain packaging is effective in reducing uptake by teens. So the public health advantages well outweigh the minor imposition on brand owners.”

But some had sympathy for brand owners.

One reader said: “50% would be the entire back side of the package. One can't possibly miss or ignore a warning label that takes up that much space. The manufacturer is entitled to have at least an equal amount of space for branding.”

For this week’s survey we ask: “Last week a WIPR-organised webinar revealed that an appointment of a ninth judge at the US Supreme Court would be unlikely to influence proceedings in the Redskins and Slants cases should the court take them on. Do you agree?”

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Trademarks
4 May 2016   Tobacco companies Philip Morris International and British American Tobacco have lost a challenge against an EU directive on plain packaging of cigarettes.