OLD SMOKEY is a UK company involved in the import and export of tobacco products. They have recently developed a new herbal cigarette (called “Smokey Delight”) that has proved extremely popular on the domestic market. As a result of the success in the UK market OLD SMOKEY wish to expand into various European markets.
OLD SMOKEY seeks your advice as to the legality of various measures that they have encountered in Member States of the European Union:
a) Each shipment of “Smokey Delight” will have a mandatory health and safety inspection when it enters Poland. There is a charge of 10 Euro per inspection. The Polish Government argue that this will promote the safe use of tobacco products and will increase consumer confidence and, they argue, the inspection is therefore in the interests of OLD SMOKEY.
b) Under Swedish law all cigarettes must be sold in red packaging with a warning covering at least 80% of the carton that reads: “Tobacco products are evil and will lead to your slow and painful death”. The ban follows increased incidences of smoking related cancers.
c) In Italy herbal cigarettes can only be sold in specialist licensed tobacconist shops. The Italian Government justifies this position on the ground that it ensures consumers are aware that the cigarettes contain the same damaging chemicals as regular cigarettes. OLD SMOKEY is frustrated with this national rule as it had intended on offering the cigarettes for sale over the internet in Italy.
d) In France herbal cigarettes can be sold anywhere but, due to public health concerns, can only be smoked in designated “smoking huts” which are located at various points around every town and village.
Advise OLD SMOKEY as to whether the above national measures are compatible with the Treaty provision on the free movement of goods