Thursday 19 May 2016 3:20 pm

Plain packaging: Here are six reactions to today’s High Court ruling on cigarette packets in the UK that will be introduced tomorrow

This afternoon the High Court ruled against a legal challenge brought forward by big tobacco companies to try and avert new plain packaging laws that will be implemented tomorrow.

The world's big four tobacco companies were involved in the legal challenge, which was led by Philip Morris International and British American Tobacco. Japan Tobacco International (JTI) and Imperial Brands were registered as "interested parties".

Under the new rules, all cigarette packets will look similar under the new domestic laws, with the same green colour, font, size, case and alignment of text on boxes.

Here's what the industry, campaigners and analysts are saying about the ruling…

1. "By no means the final word on plain packaging"

"This decision by the English High Court is by no means the final word on the lawfulness of plain packaging," a British American Tobacco spokesperson said.

"We believe that the judgement contains a number of fundamental errors of law and we are applying for leave to appeal the decisions.

"The judgement, if left to stand, should also raise real concerns for many other legitimate businesses as it creates a worrying precedent whereby public policy concerns can ride roughshod over long-established fundamental commercial rights."

2. "We will continue to challenge the ruling" – Japan Tobacco International

"We will continue to challenge the legality of plain packaging. The fact remains that our branding has been eradicated and we maintain that this is unlawful," Daniel Sciamma, UK managing director of Japan Tobacco International, said.

In a statement, the company added that the decision will not have the claimed effect on smoking rates and sets a "dangerous precedent" for intellectual property rights and investment.

3. "A tremendous victory for public health" – Tobacco-Free Kids

This legal victory against Imperial Brands, British American Tobacco, Japan Tobacco International and Philip Morris International is a tremendous victory for public health and represents a critical step in the growing movement for countries to include plain packaging as part of their comprehensive approach to reducing tobacco use," Matthew Myers, president of the campaign for Tobacco-Free Kids.

"Standardised or "plain" packaging of tobacco products requires that packaging have a uniform plain colour, shape and size without colourful branding or other promotional elements that attract kids or mislead consumers consumers about the harms of tobacco."

4. "Ruling is a bad decision on many levels" – Institute of Economic Affairs

"This is a bad day for intellectual property and a good day for counterfeiters," Chris Snowdon, head of lifestyle economics at the IEA, said.

"Plain packaging will inconvenience retailers and fuel Britain's already vast black market. Moreover, now that the government has abolished trade marks for one industry, single issue fanatics will be lining up to do the same to alcohol, food and soft drinks. It is a folly on every level."

5. "A crushing defeat for the tobacco industry" – ASH

"This landmark judgement is a crushing defeat for the tobacco industry and fully justifies the Government’s determination to go ahead with the introduction of standardised packaging," Action on Smoking and Health (ASH) chief executive Deborah Arnott said.

"Millions of pounds have been spent on some of the country’s most expensive lawyers in the hope of blocking the policy. This disgraceful effort to privilege tobacco business interests over public health has rightly failed utterly."

6. "An interesting attempt to test intellectual property rights" – Withers & Rogers

Fiona McBride, partner and trade mark attorney at European intellectual property firm Withers & Rogers, said: "The UK government has chosen to exercise its right to take a tough line on this issue and has gone beyond what is required under the terms of the EU Directive.

"Whilst they lost their case, the tobacco companies have argued that trade mark rights should be treated as "property" which the government is taking from them, rather than as rights to "exclusive use", which effectively block others from using the protected marks in specific markets. As such, it was an interesting attempt to test one of the fundamental principles of intellectual property rights," McBride added.

"For tobacco companies, the reality of the situation is that they will have to produce different packaging for products being sold in the UK compared to other parts of the EU. This is likely to bring a significant extra cost.”