IT’S a product category that has already been subject to shedloads of outside-influenced change and regulation but tobacco looks set for a great deal more.
Some tobacco companies have challenged the provisons of the revised European Tobacco Products Directive (EUTPD 2).
However, late last year an Advocate General preliminary opinion validated the legality of the directive.
Although the opinion of the Advoate General isn’t binding on the European Court of Justice, it is often seen as a good indicator of what the ECJ willdecide.
20 May 2016 Manufacturers may make only EUTPD 2 compliant packs
So it looks like the EUTPD 2 process will indeed begin in May this year when tobacco manufacturers will have to make only products that comply with the directive. That means an end to the packs of 17, 18 and 19 cigarettes that have become common recently and indeed an end to packs of 10 also.
RYO tobacco will only be allowed to be produced in packs of 30g and up.
20 May 2017 Retailers may sell only EUTPD 2 compliant packs
The new compliant packs will have to carry an information message covering 50% of the side of the pack. No slide packs or slim packs will be allowed.
Characterising flavours will also be banned, though menthol flavour has been given a reprieve until 2020.
Stocks that are already in the system at the cut-off date of 20 May 2016 will be allowed to be sold for a year more. But from 20 May 2017 retailers will only be allowed to sell products in packs that comply with the directive. It is likely to mean a significant increase in the minimum price that a customer pays for cigarettes or RYO tobacco. And retailers will have to decide how they manage the sell-through period, whether they want to buy ahead before the manufacturing ban – to be able to sell 10-packs for some months after that. They will also have to be careful not to be left with non-compliant packs in May 2017.
The major companies have been developing customer advice and information packs and advice is also available on retailer-only sections of their websites.
The other proposed change, to plain packs for tobacco products, is also currently subject to legal challenge.
If the challenge fails the timetable for plain packs is likely to be the same. So manufacturers will have to meet EUTPD 2 rules and also pack only in standardised (plain) packs from May and retailers will be able to sell only plain packs from May 2017.
