This letter sets out concerns about the directive. A previous EC directive to ban tobacco advertising 98/43/EC was struck down by a European Court of Justice ruling (Case C-376/98). The new directive is formulated to act within the Commission's conservative view of the narrow boundaries of EU competence established by the treaty as interpreted by the European Court of Justice - as such it does not ban 'indirect advertising' (advertising for brand-stretching) and as a result has a giant loophole.
Author: ASH Published By: ASH Published : 26/11/2002









