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Legal Alert: Lawyers Warn of Industry Influence Over Public Health Laws as EU ‘Fundamental Right’ is Axed

“The value of this charter was shown last year, in both EU and UK courts, when the tobacco industry unsuccessfully challenged the new rules on plain packaging of cigarettes,” wrote the researchers from the Institute of Health and Society at Newcastle University.

The right to health, as set out in article 35 of the charter, was used in cases at the EU Court of Justice and the High Court in London to counteract tobacco industry arguments that the new plain packaging legislation was in violation of its rights. It was also used against the Scotch Whisky Association in a legal battle over minimum alcohol pricing in Scotland.

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