Tobacco manufacturers have denounced the European Union advertising ban on their products and are considering mounting a legal challenge to the ruling.

They say the directive agreed in Brussels on Thursday is an infringement of free trade and could be challenged on the grounds that it breaches EU treaties.

All EU member states now have three years to incorporate into their own law the new agreement. Tobacco advertising will then be banned on billboards and in cinemas, although newspapers and magazines will have another year to phase out the adverts.

Formula One and other 'international events' sponsored by tobacco will have a full eight years to comply with the banning order.

F1 allowed tobacco sponsorship for another eight years

But Imperial Tobacco has given warning that the battle with the tobacco industry may not yet be over.

The company's Chief Executive, Gareth Davis, said: "We believe that the EU may be exceeding its legal competence and will be considering whether the decision could be challenged.

"It is an ill-advised decision because the ban will not have the intended effect of reducing consumption but will merely stifle our ability to compete for market share in this highly competitive and declining market.

"Tobacco is a legal product. It seems quite wrong that manufacturers should be banned from communicating with their customers."

He said that the firm was also concerned for small British-based sports like angling, darts and clay pigeon shooting, which depend on tobacco sponsorship.

A spokesman for the Tobacco Manufacturers Association said that EU member states might also have grounds to challenge the ban because the industry believes the ruling contravenes treaties on the single market and free movement of services.

The European Convention on Human Rights, guaranteeing freedom of expression, could be another avenue for challenge if the proposed directive cannot be shown necessary for the protection of public health.

Reacting to the possibility of legal action, a spokesman for the British Government said: "The Government's view is that we achieved last night an excellent result in terms of protecting public health and giving those sports which are connected with tobacco time in which to break that link."

The Labour Chairman of the Commons Health Select Committee, David Hinchliffe, welcomed the directive, but voiced disappointment that the Formula One lobby had effectively "got their way in Europe".

He told BBC Radio: "This somewhat undermines the efforts made by other sports to move away from tobacco advertising.

"I hope, even at this late stage, that efforts will be made to tighten up the timescale."
 

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