The “ASH Project” on Tobacco Regulation
1. Draft a “shadow” amicus curiae:
The brief should defend certain provision of the 2014 EU Tobacco Products Directive (“2014 TPD”) from challenges raised by Phillip Morris International (and others) resulting in a 2015 preliminary reference to the CJEU.
2. Circulate the brief via the networks of ASH (UK) and the EU Clinic in order to influence key decision-makers at the CJEU.
The new EU Tobacco Products Directive of 2014 strictly regulates cigarette packaging, e-cigarettes and cigarette flavouring. During the drafting process of the Directive, Philip Morris International reportedly spent €5.25 million (£4.08 million, $6.61 million) on lobbying the EU institutions over just two years. Unsatisfied with the outcome, Philip Morris International is challenging the legality of the Directive in the EU Courts (via a preliminary reference from the English courts).
The preliminary reference questions, amongst other things, the competence of the EU to pass such wide-ranging legislation, the proportionality of the major provisions of the Directive as well as their compatibility with EU fundamental rights.
Working for ASH UK the Clinic students produced a shadow brief which seeks to authoritatively refute some of the challenges to the Directive (particularly in relation to standardized packaging and tobacco flavouring).
Action on Smoking and Health (ASH) was established in 1971 by the Royal College of Physicians in London, UK. It is a campaigning public health charity that works to eliminate the harm caused by tobacco.
Lead Scientific Advisor
Professor Alberto Alemanno (HEC Paris, NYU Law School)