Trademarks & Tobacco : Plain Packaging

Of course, everyone wants to stay healthy as long as possible and, preferably without having to make any particular effort! It is probably based on this thinking that France would like to introduce the European legislation in France. 

The States of the European Union, in effect, have 2 years to comply with the new European Directive 2014/40/EU on tobacco products, which entered into force on 19 May 2014 after an open period to file comments. This replaces the Directive 2001/37/CE, and fixes even stricter rules concerning the manufacture, presentation and sale of tobacco and its derivatives. 

In particular:

• Affixing health warning labels on the packaging of tobacco products, which, in total must cover (image and text) 65% of the front and back of the cigarette and rolling tobacco packets (instead of the previous 40%); Certain organisations, including the ENVI (health and environment committee) and IMCO (internal market and consumer protection committee) recommended that the health warnings should correspond respectively to 75% and 70% of the size of the packet.

• Fixing minimum dimensions for the size of the warnings and eliminating smaller packs for tobacco products.

• Prohibiting any advertising or misleading elements on tobacco products;

States wishing to go further can adopt plain packaging, namely identical or without logo. This has been the case in Australia since December 2012 (an Act that is the subject of a complaint before the WTO by 5 States) and is foreseen in a New Zealand project, which is deferred until the resolution of this complaint.  

The United Kingdom has launched a consultation until 7 August 2014 with a view to introducing standard rules for cigarette packets, and by publishing its bill on plain packaging in June 2014 Ireland will be the first European country to adopt it.

In France, a health bill should be examined by the Council of Ministers in September 2014 and considered by the National Assembly in early 2015. It recommends, among others, the implementation of the European Tobacco Directive. In parallel, a National Program for the Reducing Smoking should be put into place. 

What are the desired effects of such measures? Dissuading the youth from starting smoking. However, initial results from Australia do not yet indicate a decline in sales, but rather a shift towards cheaper cigarettes and an increase in the black market.

Meanwhile, these projects and texts greatly limit the rights of trademark holders and facilitate smuggling, without being able to measure whether they actually have a positive impact on health. Are they the forerunners of future trademarks regulations on sugary, salty or even spicy products, to be issued depending on eating fads and real health problems of the population?