The Queen on the Application of Swedish Match AB, et al. v. Secretary of State for Health

A snus manufacturer challenged on several bases the validity of a provision in Directive 2001/37/EC that directs member states to prohibit the marketing of any tobacco products designed for oral use, except those tobacco products designed to be smoked or chewed. The Court held that the Directive properly derived its authority from Article 95 EC, which provided the community with rule-making authority to ensure the internal consistency of the community market. The Court further held, among other things, that: (1) adoption of the Directive was supported by sufficient scientific evidence; (2) the Directive satisfied the principle of proportionality; (3) sufficient reasons existed to treat oral tobacco differently from chewed tobacco at the time of the Directive's adoption; (4) a claim to a right to property could not be based upon denial of a market share; and (5) the Directive's interference with the freedom to pursue an economic activity was justified by the concerns guiding adoption of the Directive. 

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The Queen on the Application of Swedish Match AB, et al. v. Secretary of State for Health, Case C-210/03, Court of Justice of the European Union (2004).

  • European Union
  • Dec 14, 2004
  • Court of Justice of the European Union

Parties

Plaintiff

  • Swedish Match AB
  • Swedish Match UK Ltd
  • The Queen

Defendant Secretary of State for Health

Cited Legislation

Directive 2001/37/EC, Tobacco Products Directive

Tobacco for Oral Use (Safety) Regulations 1992

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product