The HOB-Vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products

European Journal of Risk Regulation, Vol. 4, No. 1, 2013

20 Pages Posted: 13 Jan 2013  

Date Written: January 13, 2013

Abstract

At a time in which an increasing number of countries attempt to reduce the attractiveness of the packaging of unhealthy products, such as tobacco and food, the EFTA Court was asked to determine the legality of a set of measures aimed at standardizing the visual imagery, packaging and appeal of alcohol products. While regulations prohibiting misleading packaging practices existed for decades in order to limit (economic) fraud, the focus of the regulatory interventions on packaging practices is now shifting to another policy goal: that of limiting consumption of those products that – due to their constituents – are increasingly perceived as unhealthy. Interestingly enough, this phenomenon – as demonstrated by this judgment – is not limited to the area of tobacco, but extends to alcohol and unhealthy products as well. This article provides an in-depth and critical analysis of the judgment delivered by the EFTA Court by contextualizing it within the broader framework of marketing restrictions under EEA and EU law.

Keywords: consumer law, consumer information, health claims, food Law, attractiveness, labelling, lifestyle regulation, proportionality, health law, international economic law

JEL Classification: K1, K2, K20, K32, K33

Suggested Citation

Alemanno, Alberto, The HOB-Vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products (January 13, 2013). European Journal of Risk Regulation, Vol. 4, No. 1, 2013. Available at SSRN: https://ssrn.com/abstract=2200036

Alberto Alemanno (Contact Author)

HEC Paris ( email )

1 rue de la Libération
Jouy-en-Josas Cedex, 78351
France

Paper statistics

Downloads
222
Rank
111,829
Abstract Views
1,272