News Release

British American Tobacco’s statement on the English Court of Appeal’s plain packaging decision

30 November 2016

A British American Tobacco spokesperson said: "Despite today’s decision, we remain firm in our belief that plain packaging is an ineffective policy that doesn’t work to reduce smoking levels – and it’s important to remember this decision by the Court of Appeal is not an endorsement of the effectiveness of this measure.

"In upholding the original decision, we remain concerned that the Court of Appeal has made many of the same fundamental errors of law as the original judge. These are issues of significant constitutional and commercial importance which, if left unchallenged, would have serious implications for other legitimate businesses and for the ability of the Government to act first and justify later when it comes to regulation.

"Today’s decision is disappointing. However, it does not necessarily mark the end of the challenge and given the importance of this issue, we are considering our options carefully.

"It’s important to point out that this decision is not a green light for governments to introduce plain packaging, and those considering it must first ensure that the measure complies with the fundamental rights of businesses in their country, as well as with their international law obligations. Governments should also take note that the World Trade Organization dispute on plain packaging is still ongoing."


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