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Between Market Integration and Public Health: The Paradoxical EU Competence to Regulate Tobacco Consumption. Research Paper in Law 01/2018

Abstract

The EU has positioned itself as a key actor in the regulation of lifestyle risks,1 in particular in the fight against tobacco consumption. This figures prominently in the EU health program 2014-2020 which seeks ‘to promote health, prevent diseases, and foster supportive environments for healthy lifestyles […] by addressing in particular the key lifestyle related risk factors with a focus on the Union added value’,2 among which ‘tobacco use and passive smoking’.3 Familiar aspects of antitobacco policies are regulated at the EU level, from the well-known ‘Smoking kills’ label to the prohibition of tobacco advertising on radio and television, via two main instruments: the Tobacco Products Directive,4 which regulates the manufacture, presentation and sale of tobacco, and the Tobacco Advertising Directive5, which relates to the advertising and sponsorship of tobacco products

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