Turkish Cigarette Makers Seek a Legal Ban on Enlarged Graphic Warnings
In July, Turkey banned smoking in public places, becoming just the 7th country throughout Europe to approve anti-smoking policy.
The legislation was highly opposed by both smokers and bar owners, and even led to one death, when a bar owner was killed after he had asked one of the customers to put out his cig.
However, Turkish authorities attempting to consolidate their regulatory authority over tobacco industry obliged local cigarette producers to place graphic and written health warnings on cigarette packs covering more than 60 percent of the area of packs. The ordinance has been expected to become valid on January 1, 2010. However, the local cigarette makers had no intention to give up and comply with the upcoming law.
Mahmud Kadaglu, Chairman of the National Health Committee has declared that major tobacco companies, Philip Morris International and British American Tobacco have agreed to submit a collective suit to the Council of State (the Supreme Court in Turkey) to reduce the obligatory size of the graphic health warnings.
The plaintiffs suggest that the obligation of placing that the requirement of putting graphic images on cigarette packs in an effort to lower smoking rates by showing the severe health complications related to smoking will hurt competitive landscape in the industry. The mandatory size of new warnings is at least 65 percent of the packs, according to the cigarette-makers, what would oblige them to remove the logos of their products from the packages as there would be no space for those logos. The plaintiffs also claim that the latest regulation violates their commercial free speech rights, established by World Trade Organization and ratified by Turkey.
The NHS Chairman said that have invited doctors from all spheres of medicine, to take part in the lawsuit as witnesses. He said that tobacco giants have required a delay in execution of the law as long as the case is pending in the Council of State, and added that the latest legislation is not an infringement of international trade laws, mentioning that they are confident that the Council of State will reject the law suit or rule in favor of National Health Committee.
Mahmud Kadaglu as well declared that the health warnings covering at least 65 percent of the packs do not violate WTO standards, according to which it is permitted to cover at least 50 percent of the packs area.
He said it is inadmissible that the plaintiffs are willing to bereave Turkey of its right to protect the health of its residents whereas other nations successfully implement such policies without any difficulties and obstacles from tobacco companies.
According to numerous studies, placing graphic warnings of health consequences of smoking is an effective strategy and helps reduce smoking rates by approximately 5 percent.
The first hearing regarding the lawsuit would be held next week in Istanbul.
