Berlin Regional Court: Specifications only apply to the boxes
The warning notices printed on cigarette boxes do not necessarily have to be visible in the store. This was decided by the Berlin Regional Court in a judgment of March 20, 2018 published on March 29, 2018 (Az .: 16 O 104/17).
It thus dismissed a lawsuit filed by the Federal Consumer Association against a seller. On the country's sales shelves, the warnings printed on the cigarette boxes, such as “Smoking can be fatal”, were partially or completely covered by holders or plug-in cards.
The Berlin Regional Court now emphasized that the European legal requirements for the warnings only refer to the cigarette packs themselves. The same also applies to the German regulation implementing EU law. In order to relate these requirements to the presentation at the sale, the German legislator lacks the legal basis. In practice, it is also hardly possible to show the warnings of all boxes openly. mwo