header-logo header-logo

23 May 2016
Issue: 7700 / Categories: Legal News
printer mail-detail

Tobacco industry smoked out

The High Court has dismissed a legal challenge against standardised packaging rules brought by four of the biggest tobacco companies.

In a lengthy judgment, Mr Justice Green rejected the arguments of Philip Morris International, British American Tobacco, Imperial Tobacco and Japan Tobacco International, in R(oao BAT & Ors) v Secretary of State for Health [2016] EWHC 1169 (Admin). The tobacco companies challenged the lawfulness of the Standardised Packaging of Tobacco Products Regulations 2015 (SI 2015/829), which require cigarettes and hand rolling tobacco to be sold in brown packages with prominent health warnings. They claimed the regulations breached international, European and domestic law, and infringed their human rights and intellectual property rights. They were represented by a stellar team of Global Elite and leading City firms—Freshfields Bruckhaus Deringer; Skadden, Arps, Slate, Meagher & Flom; Herbert Smith Freehills; and Ashurst.

Following Green J’s decision, the rules were introduced on 20 May.

Green J said: “As a generality, the claimants’ evidence is largely: not peer reviewed; frequently not tendered with a statement of truth or declaration that complies with the CPR [Civil Procedure Rules]; almost universally prepared without any reference to the internal documentation or data of the tobacco companies themselves; either ignores or airily dismisses the worldwide research and literature base which contradicts evidence tendered by the tobacco industry; and, is frequently unverifiable...Some of it was wholly untenable and resembled diatribe rather than expert opinion.”

He rejected the companies’ claim that the restrictions were disproportionate, pointing out that savings to the public purse would outweigh monetary losses to the tobacco industry. He continued: “Yet it is wrong to view this issue purely in monetised terms alone; there is a significant moral angle which is embedded in the Regulations which is about saving children from a lifetime of addiction, and children and adults from premature death and related suffering and disease.”

Green J also rejected the companies’ claims for compensation for the restrictions. “There is no precedent where the law has provided compensation for the suppression of a property right which facilitates and furthers, quite deliberately, a health epidemic. And moreover, a health epidemic which imposes vast negative health and other costs upon the very state that is then being expected to compensate the property right holder for ceasing to facilitate the epidemic.”

Issue: 7700 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
back-to-top-scroll