JTI launches legal challenge against government

Minister for Children James Reilly has said that the plain packaging legislation will protect children from the harmful effects of tobacco

JTI Ireland has initiated legal proceedings following the recent decision by the Irish government to introduce plain packaging

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JTI, the manufacturer of Benson & Hedges and Silk Cut, has made an application to the Commercial Court following its legal challenge against the government’s plans to introduce plain packaging for tobacco products.

Igor Dzaja, JTI Ireland general manager said: “Today (Monday, 27 April) the Commercial Court heard a motion in relation to the legal challenge JTI Ireland has initiated following the recent decision by the Irish government to introduce plain packaging.

“The session today involved our application for our case to be heard in the Commercial Court and we welcome the court’s decision today to grant our request. In our challenge, we will be asking the court to confirm that, under EU law, Ireland cannot enact or commence plain packaging legislation.”

The outcome of a case currently being considered by the European Court of Justice (CJEU) in relation to the EU Tobacco Products Directive will be critically relevant to the entitlement of all of the EU Member States, including Ireland, to legislate for plain packaging.

Dzaja continued: “We believe that it is unlawful for any EU Member State to proceed with plain packaging legislation. We previously asked the Irish government to await this critical CJEU decision, expected to be delivered in early 2016, before they proceeded with plain packaging legislation.”

The Irish government went ahead with the legislation and JTI has now initiated these proceedings.

“Irrespective of this specific challenge on the right of Ireland to enact or commence this legislation under EU law, we believe that plain packaging legislation itself is unlawful. It would infringe important principles of law, and other fundamental rights – including trade mark rights – and go against obligations under WTO (World Trade Organization) rules.

“We made our views known to the government many times both in correspondence and through various public consultations. We made it clear that we would take legal action in the courts to protect our fundamental property and other legal rights and entitlements,” said Dzaja.

JTI Ireland supplies over 4,000 retail outlets nationwide and employs more than 100 people locally.

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