“Today’s judgment is specific to detailed aspects of EU law, and
reflects the substantial deference that the
The Court’s opinion clarifies that the TPD does not necessarily preclude a Member State from adopting plain packaging, providing it can show that the measure respects private property, a competitive marketplace, and consumer access to information, and that it complies with domestic, European, and international law.
PMI and Member States participating in the case were seeking clarity on certain provisions of the TPD that appear to disrupt the balance of authority that the EU Treaties establish between the EU and the Member States, and violate the internal market principles upon which the EU was established.
Firestone continued, “The Court has not considered whether plain
packaging is legal or is capable of reducing smoking rates. Those
questions are currently under review by the
PMI is the world’s leading international tobacco company, with six of the world's top 15 international brands and products sold in more than 180 markets. In addition to the manufacture and sale of cigarettes, including Marlboro, the number one global cigarette brand, and other tobacco products, PMI is engaged in the development and commercialization of Reduced-Risk Products (“RRPs”). RRPs is the term PMI uses to refer to products with the potential to reduce individual risk and population harm in comparison to smoking cigarettes. Through multidisciplinary capabilities in product development, state-of-the-art facilities, and industry-leading scientific substantiation, PMI aims to provide an RRP portfolio that meets a broad spectrum of adult smoker preferences and rigorous regulatory requirements. For more information, see www.pmi.com and www.pmiscience.com.
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