(May 19th, 2016, New York, USA) – Global public health experts Vital Strategies today applauded a UK High Court decision, rejecting a legal challenge to plain packaging from British American Tobacco, Philip Morris International, Japan Tobacco International and Imperial Brands. The tobacco industry must now comply with the UK law, which requires cigarettes and hand-rolling tobacco to be sold in plain packaging – incorporating 65 percent graphic warnings – from tomorrow, although existing stocks may continue to be sold within the next year.
The UK High Court decision follows failed legal challenges to plain packaging (as part of the Tobacco Products Directive) in the European courts and news revealed this week that the tobacco industry failed in its latest secret bid to sue Australia over its plain packaging laws. The UK court criticized the tobacco industry for failing to disclose internal assessments of the impact of pack design on youth and the likely impact of plain packaging on sales. In addition, it was noted that the vast majority of the industry’s expert evidence had not been peer reviewed or published in an appropriate journal.
José Luis Castro, President and Chief Executive Officer, Vital Strategies, said: “Today’s ruling is a victory for common sense and public health and a bitter disappointment for big tobacco and its efforts to bully national governments around the world. As soon as a sovereign government considers large graphic warnings or plain packaging of tobacco products, some of the world’s biggest and most profitable companies threaten legal action. But time and again they are being defeated.
“European Courts upheld the Tobacco Products Directive, the permanent court of arbitration refused to support Philip Morris’ intention to sue Australia over plain packaging, India and a number of neighboring countries have stood firm in implementing large graphic warnings, and now the UK High Court has rejected big tobacco’s arguments against plain packaging.
“This ruling confirms that the UK – and governments across Asia, Africa, Europe and the Americas – are well within their authority and within the purview of national and international law to both warn consumers about the harms of tobacco use, and ban tobacco promotional tactics – a goal achieved by the combination of graphic pack warnings plain packaging.
“It’s also important to note the judge’s criticism of the tobacco industry’s expert testimony, which reflects the industry’s lack of credibility. Science is firmly on the side of tobacco control. This should provide further reassurance to governments all around the world, currently being threatened by tobacco industry lawyers. We call on those countries currently considering and enacting plain packaging to follow the UK’s lead and for those who need it, to avail themselves of assistance from the Anti-Tobacco Trade Litigation Fund. Together, we can stand up to the tobacco industry and save millions of lives.”
About the UK’s plain packaging legislation
The legislation states that all cigarettes and other tobacco products must be sold in plain olive-colored packaging, free of company logos, branding and promotional text. The same font must be used for all brands and graphic health warnings will cover 65 percent of the packet. Studies indicate that a similar law in Australia has been highly effective in decreasing tobacco use and discouraging youth from taking up smoking.
In another “win” for health, sales of packages containing ten cigarettes are banned as they are deemed too small to carry graphic warnings at an effective size. These smaller, cheaper packs tend to be popular among youth. “Lipstick-style” packs aimed at women, and menthol cigarettes are also banned from tomorrow.
Tobacco use is the leading preventable cause of mortality in the world today, and is responsible for more than five million deaths each year—one in ten preventable deaths worldwide. The implementation of graphic pack warnings and plain packaging is one of the main commitments under the Framework Convention on Tobacco Control (FCTC) to which the UK is a party. It is one of the World Health Organization’s M-P-O-W-E-R (W=Warn) strategies to reduce tobacco consumption. MPOWER strategies are endorsed and promoted by the Bloomberg Initiative to Reduce Tobacco Use, of which Vital Strategies is a principal partner.
About Vital Strategies
Vital Strategies envisions a world where every person is protected by a strong public health system. Our team combines evidence-based strategies with innovation to help develop sound public health policies, manage programs efficiently, strengthen data systems, conduct research, and design strategic communication campaigns for policy and behavior change. Vital Strategies was formed when The Union North America and World Lung Foundation joined forces. It is an affiliate of The International Union Against Tuberculosis and Lung Disease (The Union).
To find out more, please visit vitalstrategies.org or Twitter @VitalStrat
For further information or to arrange an interview with a Vital Strategies public health expert, please contact Tracey Johnston, Vital Strategies, at +44.7889.081.170 or tjohnston@vitalstrategies.org