Sparks fly over ban on tobacco ads

Date: 11/12/1997

By Leyla Linton

ADVERTISERS and tobacco companies have reacted angrily to the decision by EU health ministers to ban tobacco advertising and sponsorship, challenging the legal basis for the move and claiming it will not lead to a drop in smoking.

After a long battle, health ministers agreed that all tobacco advertising except at point of sale must be phased out within three years, with press adverts ending after four years.

They decided that tobacco sponsorship of most sports and cultural events must end within six years, although sponsorship of 'world-class' events will be permitted to continue until 2006 at the very latest. The UK had threatened to vote against the ban unless Formula One motor-racing was given this extended derogation.

The European Magazine Publishers' Federation (FAEP) said that it was extremely disappointed with what it described as the “misguided” decision, claiming that banning advertising was a “cheap, politically expedient public measure” rather than a way of attacking the root causes of smoking.

FAEP argues that the ban lacks a sound legal basis in Community law and runs counter to the principle of freedom of expression enshrined in European constitutions. “FAEP and other European publishers will fight this unfair measure all the way,” said president Chris Llewellynn.

The Confederation of European Community Cigarette Manufacturers said that “an abundance of scientific materials” showed that advertising did not increase smoking. “The treaty explicitly forbids harmonisation of health matters,” said chairman Robert Toet, adding that his organisation, which represents firms such as BAT, Gallaher, Imperial Tobacco, Rothmans and Philip Morris, would consider taking action in the European Court of Justice (ECJ).

German Health Minister Horst Seehofer who voted against the ban, has also said he could not rule out challenging the law in the ECJ. “We think public advertising is a question of subsidiarity and we do not see a direct connection between banning tobacco advertising and a drop in consumption,” said a government spokesman.