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Tobacco Ads Banned

DW staff / dpa (th)November 10, 2006

The German parliament has voted to ban nearly all tobacco advertising to comply with European Union mandates. More anti-smoking legislation is on the horizon.

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You won't find this picture in the German mediaImage: BilderBox

After an extended tug-of-war, the German government voted Thursday to ban tobacco advertising.

This week's decision ends tobacco advertising in newspapers, magazines and the Internet, as well as for sports that are broadcast on television. Since 1974, tobacco advertising has been banned on radio and television. It will continue to be allowed in some cases, such as in movie theaters and on billboards.

While a large majority of parliament supported the advertising ban, the decision was delayed for more than a year. Publishers and advertisers had fought hard against the advertising ban and criticized Thursday's decision, according to the dpa.

While the measure easily passed Germany's lower house of parliament, The Free Democrat Party, a free-market liberal party, voted against the ban. It patronizes consumers and forbids advertising for a legal substance, the FDP said.

Further smoking bans likely

Totales Rauchverbot in englischen Pubs und Clubs
Pubs might be excluded from smoking bansImage: picture-alliance/dpa

Further smoking regulations are in the works. A law to ban smoking in public buildings, public transportation and places which food is served could happen early next year.

Consumer Affairs Minister Gerd Müller said the planned anti-smoking legislation was not meant as a blanket smoking prohibition, rather as a way to protect people against second-hand smoke. The government will seek a "practical solution" for the 250,000 food-oriented businesses affected by a proposed smoking ban, Müller said, citing the possibility of separate smoking areas. Taverns would be exempted from a smoking ban.

While anti-smoking legislation is in the works, don't expect to see it before the end of the year. "That would be tight," Carola Reimann told dpa. But it likely will be on the parliament's agenda early next year, said Reimann, spokeswoman for health for the Social Democratic Party (SPD.) The ruling coalition of the SPD and Christian Democratic Union are still negotiating possible exemptions and legal ramifications of the law, she said.

Decision angers industry

Zeitungen aus Springer Verlag Symbolbild Presseschau Presse
Newspapers are included in the banImage: dpa

The new tobacco advertising ban could decrease the amount of tobacco-related taxes the government takes in as well as cut into advertising profits. The last government, which included the SPD and Greens, challenged the EU's ability to ban tobacco advertising. But the European Court of Justice appears likely to dismiss that argument.

Advertisers and publishers generally condemned this week's decision. Newspaper publishers said they don't understand the German government's decision and saw it as a restriction to their freedom to advertise.

The publishing industry was especially distressed since the German government's case in the European Court, while not likely to pass, is still technically pending.

The German Association of Magazine Publishers (VDZ) said the government capitulated with its "overly-hasty" decision, dpa reported. The vote to ban tobacco advertising shows the increasing influence of the EU over national questions, the VDZ said.