Swedish Match has decided to
appeal the ruling of a local court in Cologne, Germany, not to
allow Swedish "snus" to continue to be sold in Germany.
Swedish Match will also ask that the question of the legality of
the ban on certain smokeless tobacco products be referred to the
European Court of Justice.
"It is our firm opinion that
the EU ban on certain smokeless tobacco products - to the extent
it covers snus - violates fundamental EU-principles, foremost the
principles of non-discrimination and proportionality" says
Lennart Sundén, President and CEO of Swedish Match.
"Despite the legal case however, we are anxious to continue
an honest dialogue with the Commission and national authorities
on the strength of the evidence for fully allowing snus on the
European market".
"A significant body of
scientific evidence now clearly shows that the health risks
associated with using snus are significantly less than those
associated with cigarette smoking", says Lennart Sundén.
"Both the European Commission and the European Parliament
have recognised this".
"We believe that snus can
play a useful role in Europe's strategy to reduce cigarette
smoking by providing a viable alternative to cigarettes. Swedish
studies demonstrate the constructive role snus can play in a harm
reduction strategy. Sweden is the first country in the world to
reach WHO’s target of less than 20 % of the adult population
being daily cigarette smokers. The presence of snus on the
Swedish market has clearly played an important role in that
context", Lennart Sundén comments.
"In light of all the evidence
it is a matter for regret that the Court in Cologne has decided
to prevent the sale of snus in Germany, but given the wording in
the EU directive of the definition covering smokeless tobaccos,
it is understandable", Lennart Sundén further says.
"Faced with this legal challenge we have decided to appeal
and to ask the Court of Appeals to refer the question of the
legality of the ban to the European Court of Justice so that we
can have legal clarity on this issue and move forward from
there".
Swedish snus is a moist snuff
tobacco product that is used orally. The legislative background
is Art. 2.4 of Directive 92/41 EEC. Article 2.4 defines those
smokeless tobaccos that may not legally be sold in the European
Union. Since snus is widely used in Sweden the Swedish government
obtained permanent derogation from the ban on certain smokeless
tobacco products as part of the terms under which Sweden joined
the European Union.
Following the implementation of
Directive 92/41 EEC to German law, Swedish Match wrote to the
German Government twice, in 1996 and 1998, to ask for a ruling on
whether snus could continue to be legally sold in Germany, as it
has been since 1982. In anticipation of a clarification snus has
continued to be sold in Germany. The issue has not surfaced until
now.
Swedish Match is an
international group with its head office in Stockholm. The
company manufactures a broad range of products within the OTP
(Other Tobacco Products) category, with smokeless tobacco as its
core business along with cigars and pipe tobacco, as well as
matches and lighters. The products are sold in approximately 140
countries. Sales for the twelve months period ending March 31,
2000 amounted to approximately 9,600 SEK. Swedish Match is listed
on OM Stockholm Stock Exchange (SWMA) and on NASDAQ (SWMAY).
For further information,
please contact:
Lennart Sundén, President and CEO +46 8 658 01 75
office)
Sven Hindrikes, Executive Vice President and CFO +46 8 658 02 82
(office)
Bo Aulin, Senior Vice President, +46 8 658 03 64 (office)
Secretary and General Counsel +46 70 558 03 64 (mobile)