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Philip Morris International Fills a Landmark Suit to Overturn Cigarettes Display Ban
Philip Morris Norway has announced they have submitted a lawsuit to challenge the ban on showing cigarettes and other tobacco products in the points of sale.
Anna Edwards, Philip Morris Norway Communications director admitted that point-of-sale display bans were not effective on lowering the smoking rates in those countries, where similar policies have been already in place. And this fact is recognized by Norway Health Ministry. In addition, those restrictions do not allow adult smokers to have a view on the tobacco products offered by local tobacco stores and severely hamper competition.
She said they have tried to negotiate this issue with Norwegian government, but failed to reach the agreement, which has resulted in the decision to initiate legal proceedings.
The aim of the suit is to repeal the policy to allow sellers to return tobacco products to the stores’ shelves providing adult smokers with the option to see the new products and choose between the available ones. Philip Morris has no intention to reverse other provision of Norway tobacco regulations.
PMN communications director stated the company has backed many efficient and rigorous tobacco regulations that could prevent adolescents from taking up cigarettes. Nevertheless, they consider that the officials should make use of proven methods, like awareness raising campaigns and enforcement of bans on sales of tobacco products to minors.
The suit has been submitted to the Oslo District Court. The plaintiff contests the tobacco display law, stating it infringes the European Economic Area Agreement. The Marlboro-maker will also seek referral of the proceedings to the European Economic Court headquartered in Luxembourg.
PMN is the Norwegian division of Philip Morris International Inc, the leading tobacconist across the world, with an estimated worldwide market share of 15.4%, excluding the U.S. market. Oslo-based Philip Morris Norway has always backed anti-smoking measures in Norway, including the ban on smoking in public places and the introduction of graphic warnings on the packs of tobacco products.
The ban on tobacco products display in the points of sale has been already imposed in several countries, among which is Ireland, Iceland, several Canadian and Australian provinces, and is considered in United Kingdom.
Back in Norway, displays of tobacco products in all points of their sales were prohibited on January 1, 2010. The ban as well covers such tobacco items as humidors, pipes, ashtrays, lighters, cigarette paper, ashtrays and rolling machines.
Iceland became the first nation to implement such measure in 2001. While considering legislative base for the ban, Norwegian Health Ministry admitted that after the implementation of similar measure in Ireland the adult smoking rate has dropped from 25% in 2001 to nearly 20% in 2005. Yet, there is no evidence to demonstrate that this decline has been influenced by the ban, or other anti-smoking regulations implemented simultaneously with the display ban.
A research by LECG, a well-known economic consulting agency, as well demonstrates that tobacco display ban implemented in Iceland had no considerable effect on lowering the percentage of smokers across the country.
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