A European Court of Justice advocate general has advised its judges to reject a British government case calling for the abolition of a European Union regulation banning some smoke-flavourings.
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Juliane Kokott has rejected London’s bid, to overturn regulation EC2065/2003, which insists smoke flavourings should only be authorised with proof they neither harm human health nor mislead consumers into thinking a foodstuff was naturally smoked.
Britain has argued that by allowing the Commission to decide whether these conditions have been fulfilled, the law has given it powers beyond its constitutional authority. Kokott, however, has advised that the Commission can legally be granted this policing role.
