The legislation will take effect in 2016 following what is expected to be a
rubber stamp approval procedure by EU governments next month.

Pro smoking groups have criticised a “nanny state mentality”, but
cancer charities have backed the measures.

The new rules to be introduced across the European Union include

picture warnings must cover 65% of the front and back of every packet of
cigarettes, with additional warnings on the top of the pack

a ban on “lipstick style” packs aimed at women all packs
must have at least 20 cigarettes to leave room for health warnings

roll your own tobacco packs to have similar picture warnings

a ban on promotional elements, such saying “this product is free
of additives” or is less harmful than other brands

a ban on flavoured cigarettes, such as menthol, fruit and vanilla

a maximum nicotine concentration level for e cigarettes.

EU wide tracking of cigarettes to combat illegal trade

Ministers are expected to endorse the rules in March, to come into force in
May 2014. Member states will have two years to introduce the legislation.

The European Commission says the new rules will “deter young people from
experimenting with, and becoming addicted to, tobacco” and should lead
to a 2% drop in the amount smoked over the next five years.

EU Health Commissioner Tonio Borg said “Today is a great day for EU
health policy.

Today marks a genuine turning point for European tobacco control

“The new rules will help to reduce the number of people who start smoking
in the EU.

“These measures put an end to products which entice children and
teenagers into starting to smoke in the European Union.”

However, the director of the pro smoking campaign group Forest, Simon Clark
said banning menthol cigarettes was a ban on consumer choice that “will
do little” to deter children from smoking.

He also questioned the need for plain packaging legislation to remove any
branding from packs, which is being considered in some EU countries,
including the UK.

European court of justice asked to rule on marketing of herbal cigarettes – european public health alliance

Marlboro blend no. 54 menthol 100s cigarettes – reviews for marlboro cigarettes online

In the case of ‘A.C. Smits Koolhoven against Staatssecretaris van Financiлn’, the Supreme Court of Netherlands asked if herbal cigarettes are to be considered and defined as tobacco products and thereof submitted to the same rules.

The Supreme Court of Netherlands refers particularly to the Council Directive 95/59/EC on taxes other than turnover taxes which affect the consumption of manufactured tobacco.

“Do herbal cigarettes which it is established do not contain any substances having a medicinal effect, but which, with the approval of the Netherlands Council for the Monitoring of Medicinal Product Advertising/Council for the Monitoring of Health Product Advertising, are sold as “Medicinal herbal cigarettes” as an aid in giving up smoking, come under the exemption which Article 7(2) of Council Directive 95/59/EC provides for products which are used exclusively for medical purposes?”

Judgment of the court

The European Court of Justice ruling of the 30 March 2006 defines that herbal cigarettes cannot be considered as being used for medical purposes on the ground that they do not contain scientifically recognised medical preventative or curative medical effects. Besides, the ruling notes that marketing the product as having curative or preventive properties shall not be considered as sufficient unless it is supported by objective characteristics.

Therefore, herbal cigarettes must not be exempted from the Directive 95/59/EC on taxes that affect the consumption of manufactured tobacco.

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