ECJ Clarifies Prohibition on Flavor Advertising on Cigarette Packaging Throughout Supply Chain
Prohibition of adjusting cigarette packaging to appeal to taste already enforced upon delivery, rules ECJ - The Commission recommends making a decision on the implementation of the proposed new rules.
In a recent ruling, the European Court of Justice (ECJ) clarified that the obligation on EU states to prohibit flavor advertising on cigarette packs extends beyond the point of sale, and applies throughout the supply chain.
A tobacco wholesaler had provided a kiosk in Austria with cigarettes featuring claims like "perfectly rounded." However, under EU regulations, cigarettes are not allowed to have any statements referring to taste or smell.
The manager of the kiosk contested the fine in court, leading to a question from the Austrian Administrative Court in Vienna regarding the interpretation of the EU directive on tobacco products. The directive does not clearly state what it means to "place on the market" and the Austrian court wanted to know if this only applied at the point of sale.
The ECJ ruled that the obligation of EU states is not limited to when cigarettes are handed over to the consumer. If it were, there would be a high risk of consumers receiving products that do not comply with the directive, which could harm their health.
In this ongoing dispute between the tobacco wholesaler and authorities, the Austrian court must now make its decision, considering the legal opinion of the ECJ.
Implications for the Supply Chain
This ruling comes as part of the European Union's Tobacco Products Directive's (TPD) strict regulations on tobacco product supply chains. The TPD requires full traceability of tobacco product packs from manufacturer to retailer, and bans certain types of flavor advertising and characterizing flavors in cigarette packs to reduce their attractiveness, especially to young people.
The ECJ's ruling upholds these bans, confirming that any packaging or labeling suggesting flavors is prohibited under the Directive and national implementing legislation. All supply chain participants — manufacturers, distributors, importers — are responsible for ensuring compliance.
To maintain compliance, companies must now implement robust product compliance and traceability systems that document the contents and presentation of cigarette packs throughout the supply chain. Digital Product Passports or similar traceability tools can facilitate transparency, allowing regulatory bodies to monitor packaging content and prevent flavor advertising violations.
In simple terms, the EU's TPD requires a transparent tobacco product supply chain, and the ECJ ruling strengthens enforcement mechanisms by making it clear that all supply chain entities are responsible for ensuring cigarette packs do not contain flavor-related advertising. This supports the EU's goals for reducing tobacco product appeal and improving public health.
- The ECJ ruling, in line with the European Union's Tobacco Products Directive (TPD), affirms that any packaging or labeling that suggests flavors is prohibited throughout the supply chain, meaning manufacturers, distributors, and importers must ensure compliance with this rule.
- In adherence to the EU's TPD and the ECJ's ruling, companies are now required to implement robust product compliance and traceability systems, ensuring cigarette packs do not contain flavor-related advertising and are traceable from manufacturer to retailer, thus supporting the EU's goal of reducing tobacco product appeal and improving public health.
