From today (20th May), tobacco manufacturers are only allowed to produce products that comply with the new EUTPD2 regulations. This includes no longer being able to manufacture cigarette packs containing less than 20 sticks, roll-your-own tobacco pouches under 30g or packaging featuring pricemarked packs.
It also means the final, year-long countdown to 20th May 2017 has begun. After this date retailers will only be allowed to sell standardised packs which comply with the new legislation. Existing stock in the current formats can be sold up till then.
The Government published the final Tobacco and Related Products Regulations on 22nd April. They must be passed into law by today, the EUTPD2 implementation date of 20th May 2016. This process is currently ongoing. The regulations set out how the Government intends to implement EUTPD2 in the UK.
Yesterday, on 19th May, the High Court ruled that the tobacco industry had been unsuccessful in its legal challenge to the Standardised Packaging of Tobacco Products Regulations in the UK.
Duncan Cunningham, Imperial Tobacco UK and Ireland’s Head of Corporate and Legal Affairs, commented: “Clearly, we are disappointed with yesterday’s decision, as we believe our legal arguments are strong. It will take some time to digest the substance of the decision in full and then decide as to whether there are appropriate grounds for appeal or not.”
JTI has already reached a decision. The company has consistently said that plain packaging will not have the claimed effect on smoking rates, and intends to appeal against the ruling.
Fearing that the regulations set a dangerous precedent for intellectual property rights and investment, Daniel Sciamma, UK Managing Director of JTI, said: “We will continue to challenge the legality of plain packaging. The fact remains that our branding has been eradicated and we maintain that this is unlawful.” Sciamma can be seen commenting further on SLR’s Shopflix site.
The Tobacco Manufacturers’ Association (TMA) has called for a pause on all new regulation concerning the sale of tobacco until a review has been conducted into the effects of existing regulations on retailer profitability and tax revenues.
“Twenty-two of the top 25 selling cigarette packets will be abolished by EUTPD2,” said Giles Roca, Director General of the TMA. “The regulations will have a significant impact on UK businesses throughout the supply chain, creating a huge profit opportunity for criminals and delivering very little for public health.”
