Yesterday, in the Committee of Permanent Representatives (COREPER 1), the EU Member States backed the final compromise text negotiated by the Lithuanian Presidency and the European Parliament on the  controversial Tobacco Product Directive.

What does this text mean for MARQUES members, the IP professions and consumers?  In short, regarding labelling and packaging,

·         All cigarette and roll-your-own (RYO) tobacco products will display health warnings (combining picture and text) covering 65% of the front and the back of packages, placed from top edge;

·         Text warnings will be placed on the side of the packet (50%);

·          Certain pack types, like the 'lipstick' type (right), will no longer be allowed;

·         There will be standardisation of certain aspects of cigarette packs and all promotional elements on tobacco packs, and as references for example to taste or flavourings will be prohibited;

·         Member States that want to introduce plain packaging can do it under the justifications and conditions provided for in the Directive [as many readers may be aware, some EU Member States are currently considering the plain packaging measure  (Ireland, UK, Scotland) so the likelihood of plain packaging is imminent;

·         Reportedly, the prohibition of tobacco brands for electronic cigarettes is not in the final  text (this means that a proposal from the European Parliament of October 2013 has been rejected).

The political agreement reached will be subject to technical finalisation and formal approval by the co-legislators (European Parliament, vote in March/April 2014 on the resolution and Council), with publication of the final text expected in June 2014.

Press release of the Lithuanian Presidency can be found here

Press release of the Council can be found here

Press release of the Commission can be found here

MARQUES remains highly focused on this issue and its implications.  If you have any comments which you would like to share with the organisation, or require any further information concerning the latest developments in this area, please contact the MARQUES Regulatory Team.