European Union Won’t Back Down on Snus Ban

Snus production at Swedish Match’s factory in Gothenburg, Sweden.

LUXEMBOURG

KIRCHBERG, LUXEMBOURG CITY—The European Court of Justice (ECJ) recently published its judgment concerning the prohibition of sales of Swedish snus to other European Union Member States.

The court ruled that Swedish snus will continue to be excluded from the EU’s internal market.

In its judgment, the court states that EU legislature has broad discretion within the area at issue and that this implies that judicial review is limited.

These limitations apply both to measures decided by the EU legislature and to the basic facts on which these measures have been based.

Based on such limited review, the court didn’t find that the ban on snus is manifestly inappropriate. The judgment

of the ECJ cannot be appealed which leaves a future removal of the ban essentially a political issue, complained Swedish Match, the leading producer of snus. Sweden is not covered by the ban, but all other European Union countries are.

Not surprisingly, the announcement attracted considerable opposition.

“Snus is one of the viable harm-reducing products, which can actually give tobacco users a viable alternative for smoking cigarettes,” wrote Bill Wirtz, policy analyst for the Consumer Choice Center. “Yes, consumers do not always choose the healthiest option for themselves.

“But if presented with choices offered on the market, they might actually reduce the health hazards posed to their bodies. The ruling displays a political public health motivation.”