ARTICLE
12 December 2018

Marketing Of Tobacco Products By ECO Claims

GA
Global Advertising Lawyers Alliance (GALA)
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
Snuff is a tobacco substance, which has a long tradition and is very popular in Sweden.
Sweden Food, Drugs, Healthcare, Life Sciences
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Snuff is a tobacco substance, which has a long tradition and is very popular in Sweden. While the sale of snuff has been banned in the European Union since 1992, Sweden was granted an exemption from this ban for the Swedish market when it became a European Union member in 1995.

A Swedish snuff brand had marketed their products by means of commercial messages stating that the tobacco was ecological, ECO and similar, through labels and signs with texts such as "Ecological tobacco" and "ECO 1005 ecological tobacco" at the point of sales.

As a general rule and subject to few exemptions marketing of tobacco products is prohibited. Certain marketing at the point of sale can permitted. Neutral product information, inventory lists and price lists may be used provided that the marketing meets the requirement of specific moderation. This implies that the marketing cannot be constructed in a way that encourages tobacco use. Furthermore, according to Swedish case law, subjective opinions that are irrelevant for the product information cannot be used.

The Swedish Consumer Ombudsman (CO) challenged the claims by the snuff brand before the Swedish Patent and Market Court (PMC). The CO argued that the marketing of the products as ecological was breaching the requirement of specific moderation, since such a claim by itself automatically encouraged consumption and use. In an alternative claim, the CO argued that the claims had been designed in a way that encouraged the use of tobacco.

The PMC held that the challenged claims gave the impression that the company's snuff was less harmful than other snuff, and the claim "ECO" arouses interest for consumers and encourages the use of tobacco.Moreover, the PMC held that the colorful and appealing design of the labels and signs enhanced the impression that company's products had certain health and environmental benefits. Consequently the PMC ordered the snuff brand to cease with the marketing subject to a conditional fine of 1,000,000 SEK.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
12 December 2018

Marketing Of Tobacco Products By ECO Claims

Sweden Food, Drugs, Healthcare, Life Sciences
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
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