Why are we still going along with the EU’s menthol ban?

Brexit gives us the chance to debate new laws – let’s do that.

Rob Lyons

Topics Brexit Politics UK

In May this year, tobacco products with ‘characterising flavours’ will be banned across the EU under the EU’s Tobacco Products Directive, which was passed in 2014. The ban will also apply in the UK.

While a small proportion of smokers (about two per cent in the UK) use other ‘characterising flavours’, in reality this is a ban on menthol cigarettes. Around 12 per cent of UK smokers – perhaps as many as one million people – smoke menthols. The law is based on the dubious claim that adding flavours to cigarettes can make them more appealing, especially to children.

The UK is due to leave the EU on 31 January. So why will we still be implementing an EU law in May, when we will have already left? It could be argued that, since EU directives force member states to draft their own versions of an EU law, what is coming into force is not an EU law but a ‘British’ one – the Tobacco and Related Products Regulations 2016.

Moreover, in order to cope with the mass of legislation that comes from the EU, which would otherwise have lapsed on 1 February, EU laws will all become part of UK law as part of the Brexit process. And as we’ll be spending at least the remainder of this year in a ‘transition’ or ‘implementation’ period under the withdrawal terms agreed last year, we have to enforce EU laws at least until the end of 2020.

That makes a certain amount of sense, but only for laws that are already in effect. Whatever we think of any particular existing law handed down from the EU, it would be a minefield for parliament to start trying to pick and choose which rules to change at this precise moment. But the menthols ban has yet to come into force. Surely the UK should hit the pause button and have parliament take a look at this issue properly, particularly when a whole class of products is about to be banned.

The reality of EU membership is that member-state parliaments have little alternative but to rubber-stamp any agreements that national governments make in Brussels. Statutory instruments like the Tobacco and Related Products Regulations are passed ‘on the nod’ and there is little scope for debate. But if we are really ‘taking back control’, then a good place to start would be to reconsider those EU-derived laws that aren’t yet in force.

It is unlikely that Boris Johnson is prepared to incur the wrath of the EU over this, especially at a time when he’s trying to negotiate a free-trade deal. If he made an issue of the menthols ban and was then forced to back down, it would expose just how limited our newfound sovereignty is, particularly during the ‘implementation’ period.

And even if Johnson were to put the menthols ban before parliament, it isn’t exactly clear that this would be good news for smokers who want a minty taste when having a cigarette. After all, the UK is possibly the worst country in Europe for anti-smoking legislation. You just need to compare cigarette packs in the UK – all the same drab green – with those on the continent, which still retain some branding. Cigarette taxes in the UK are among the highest in the world. Sadly, we are a world leader in prohibition politics.

Still, the government should be embarrassed if, in post-Brexit Britain, it is still enforcing pointless EU laws. Whatever happened to ‘take back control’?

Rob Lyons is science and technology director at the Academy of Ideas and a spiked columnist.

Picture by: Getty.

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Michael Gilday

17th January 2020 at 9:33 pm

This ban will open the door to more smuggling and illegal cigarettes. I have smoke menthol cigarettes for the past 36 years and will be distraught to find them no longer available so am presently considering what I should chose to do about this. I have no desire to contraband products, but it will certainly be an option in the future. It is my choice to smoke as I enjoy smoking. This ban will not deter young people from smoking either, as I have never known young people choosing to smoke menthol cigarettes as a preference. Over the years when people scrounge in the street for cigarettes, they often turn their nose up at being offered a menthol fag. Which to be honest suits me fine.
I might take up smoking a pipe or perhaps shisha, considering a lot of young people prefer shisha lounges these days maybe there will be more of a reaction if shisha is banned. All smoking may be is detrimental to health but comparing a filtered cigarette to raw unfiltered smoke like pipe or shisha, I suspect it is far less harmful. As someone who has smoked for 50 years, I so far have not had any adverse consequences as a result and if it reduces life expectancy by 10 years I don’t really care. I don’t need puritanical judgemental public health officials, or bureaucrats and others interfering in my life choices.

Fred Shred

10th January 2020 at 7:11 pm

I couldn’t care less who passes anti cig / anti vaping laws , just so long as someone does. Post brexit, let’s start by jailing all big tobacco executives for corporate manslaughter

Ed Turnbull

14th January 2020 at 8:26 am

That’s a bit hysterical, isn’t it? Are you suggesting smokers have no agency? That they smoke because ‘big tobacco executives’ *force* them to do it? The risks of smoking are well known, yet people continue to *choose* to do it – no one forces them. You may not like that people smoke, but does that give you any moral authority to prevent that choice? Who appointed you as the arbiter of what is, or is not, permitted?

In posting that comment you’ve just surrendered any moral high ground from which you could wail when – not if – someone attempts to ban something *you* enjoy doing.

Steve Roberts

9th January 2020 at 8:56 pm

It is to be hoped this , yet again excellent article, rings some alarm bells, and i don’t mean the bells people are suggesting should be rung at the “celebratory” “leaving” party on the 31st.
Lyons suggest there is some reasonableness in the case that all present EU laws cannot instantly be unravelled and new legislation put in their place, there is some merit in that in terms of logistics, whereas it is closer to the truth that the present elite, all of them almost, would likely change little anyway, remember it is those same elites that accepted them all into law in the first instance, the technocrats of the EU, as undemocratic as they, are did not force this upon us, it was gleefully accepted and embedded by our own elites.
Lyons also points out this one case, and it is highly likely there will be many more over a variety of areas in the transition period, which is undefined and could go on for a very long time indeed, and indicates it is is unlikely that any of these new laws will be challenged too much so as not to cause conflict in the so called negotiations..
All this needs considering, poignantly Lyons asks “Whatever happened to ‘take back control’?
We all should be asking more of these questions rather than joining in too enthusiastically with the celebrations that we have “left” the EU when very clearly we have not, we are still a Vassal state relying on the patronage of the CUP.
Yes i get it, i am a pessimistic miserabilist, and everyone one is fully aware of this situation described but we should take the “victory” and prepare “critically” for what is to unravel.
The “holding the feet to the fire” i suppose.

Ven Oods

9th January 2020 at 2:00 pm

Perhaps someone will start selling a separate menthol additive (or pill) that’ll give the same effect.
One small blow against the System, and perhaps even a money-spinner!

Katy Elizabeth

22nd February 2020 at 4:44 am

They have, imperial tobacco have launched rizla flavour infusions, leave them in the packet for an hour and you’ve got a menthol cigarette.

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