Proposed ban on tobacco ads under attack

Date: 16/04/1998

By Chris Johnstone

NEWSPAPER publishers have vowed to launch a legal challenge against EU plans to clamp down on tobacco advertising if the threatened ban goes ahead.

MEPs will vote next month on the agreement reached by EU governments to ban billboard adverts for tobacco products within three years, prohibit newspaper publicity after four years and outlaw sponsorship within six years. Motor-racing and world snooker have been given until 2006 to find alternative sponsors.

The European Newspaper Publishers Association (ENPA) says that if MEPs approve the deal struck by ministers, it will challenge the legal basis chosen by the European Commission for the proposal in the European Court of Justice.

The Commission opted to propose the new restrictions under the EU's single market rules, which means that they only required the support of a qualified majority of member states. If it had decided instead to bring them forward as a health measure, a unanimous vote in favour would have been necessary.

The ENPA is also toying with the idea of mounting separate challenges in national courts in individual countries on the grounds that the advertising ban discriminates between different forms of media.

The newspaper lobby says that its stand against the tobacco ban is aimed at challenging the principle of advertising restrictions, amid fears that other products, such as alcohol, could be the next Commission target.

"The tobacco ban will not have a dramatic effect on advertising revenues. Alcohol would be much more important," said ENPA director-general Michael vander Straeten.

Many EU countries already have strict rules on tobacco advertising which have pared down newspaper and magazines' earnings. However, drinks publicity remains an important source of revenue.

France, Ireland and most Scandinavian countries have fairly strict regimes for alcohol advertising, while Germany, the UK, Belgium, Spain and Italy have more liberal regulations.

The Commission has stressed that its move to curb tobacco advertising does not necessarily mean that alcohol is next in line. However, critics point out that it has failed repeatedly to take a stand against France's Loi Evin ban on alcohol advertising.

Europe's cigarette manufacturers are also considering legal action in national courts, but want to wait and see if some governments take the lead. Both Germany and Austria, outvoted at the ministerial meeting at which the tobacco ban was agreed, have said they might initiate legal action.

"The proposed directive is directed at member states. It remains to be seen if we as an interest group can go to the Court of Justice," said Robert Toet, chairman of the Confederation of European Cigarette Manufacturers.