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    29/03/2017 - State Council rules on plain packaging for cigarette - Richard Milchior

    Richard Milchior, partner, publishes a summary regarding this case.

    The anti-smoking movement within the European Union and the standardisation of the labelling and packaging of tobacco was validated on May 2016. Then the, French State Council ruled on the validity of decrees and orders for the “law of health system modernization" (which introduces the tobacco product directive).

    Five tobacco companies and one tobacco confederation sought the cancellation of those decrees and orders implementing the French Law on the Modernisation of the Health System which introduces for instance plain cigarette packaging.

    Similarly to the ECJ, the French Constitutional Council, in decision of January 2015 validating the Law on the Modernisation of the Health System, had to respond to arguments based on fundamental rights such as property rights, freedom of speech and freedom of commerce and industry.

    This article first appeared on WTR Daily, part of World Trademark Review, in 02/2017. For further information, please go to www.worldtrademarkreview.com

    Source : World Trademark Review

        

Richard Milchior