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The Secretary of State for Health has instructed Ian Rogers QC and Julianne Kerr Morrison to defend four judicial review claims issued by the major tobacco manufacturers (British American Tobacco, Philip Morris, Imperial Tobacco and Japan Tobacco / Gallaher) challenging the standardised tobacco packaging laws (often described in media reports as “plain packaging”).
MPs voted in favour of the introduction of the measures by 367 to 113. The Standardised Packaging of Tobacco Products Regulations were made on 19 March 2015 and come into force on 20 May 2016.
Ian Rogers QC previously appeared for the Government in the successful defence of two earlier tobacco control measures:-
Sinclair Collis v Secretary of State for Health [2012] QB 394, CA (Lord Neuberger MR, Arden and Laws LJJ): on the proportionality test in the public health sphere, concerning the legislation banning the sale of tobacco from tobacco vending machines.
Imperial Tobacco, BAT, Philip Morris and Gallaher v Secretary of State for Health: a judicial review of the UK “Tobacco Display Ban” legislation which the claimants discontinued in 2012.
He also appeared for the United Kingdom in the EFTA Court in a case concerning the Norwegian tobacco display ban Philip Morris Norway v Norway, Case E-16/10.