Hidden shock images from cigarette machines at supermarket checkouts are again occupying the Federal Court of Justice. The highest German civil judges heard in Karlsruhe for the third time a lawsuit brought by the non-smoking initiative Pro Rauchfrei. She is bothered by the fact that cigarettes were offered from vending machines at the cash registers in two Munich supermarkets without warnings for the customer being visible from the outside.
Does a shock image have to be visible on the machine?
The EU Tobacco Directive stipulates that large deterrent photos must be shown on cigarette packs. The question is: Is it enough if the customer sees the photos when paying or does a shock image have to be visible at the machine? The district court and the higher regional court in Munich did not recognize any violation of the ban on covering the warnings because the entire packaging was covered.
The Federal Court of Justice (BGH) suspended the proceedings in 2020 and again in 2022 and submitted questions to the European Court of Justice (ECJ) in Luxembourg on the interpretation of the Tobacco Directive. In March of this year, he decided that the shock images do not necessarily have to be visible if the packages are not visible from the outside in a machine. It is not yet known when a verdict will be passed.
Do shock images work?
The aforementioned shocking images on cigarettes have been mandatory in Germany since May 20, 2016. Studies show that they do have a deterrent effect, although not always to the extent hoped for. According to the DAK health insurance company, they primarily keep young people from smoking who have never touched a cigarette. Smokers, on the other hand, are not so frightened by the motives behind lung carcinomas, children exposed to smoke and dying people.
Sources: DPA, Statista, Drugcom, Cigarette Association, E-Smoking24.com, German Pharmacy Newspaper, BUND, Tagesschau, Reemtsma