KENYA: Brewer seeks court redress on new law on health warning label size
By ABIUD OCHIENG
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A beer manufacturer has taken package labeling wars to the corridors of justice, accusing the government of interfering with its commercial interest.
East African Breweries, Kenya’s largest beer and spirit manufacturer, moved to court on Friday arguing that a new law requiring beer manufacturers to put a warning label covering 30 per cent of the total surface area of the package is without justification.
EABL wants the label to cover 30 per cent of the printed area.
Its lawyer, Mr Walter Amoko, argued that the government had not given any scientific evidence to justify that the 30 per cent rule is valid and factual.
“It is the government interfering with EABL’s commercial interest and there is no evidence to justify the social interest being protected. Saying public interest alone is not such evidence. It must be compelling evidence,” said lawyer Amoko.
He said that the dispute is not whether the health warning should be placed on the package but how far the government can go in determining the surface to be used for the warning message.
Also contested by EABL is the fact that the government has borrowed the 30 per cent rule from Thailand. He said reliance on the practice in Thailand is not a good justification.
However, the Attorney General, through lawyer Emanuel Bitta, said the State is obligated to inform consumers of the dangers of their conduct, adding that public interest outrides commercial interest. “The claim is a public law and the State has all the necessary obligations,” said lawyer Bitta.
Lawyer Muthiru Chege for the National Agency for the Campaign Against Drug Abuse (Nacada) said that EABL’s freedom should be limited and that is what the government seeks to do.
He accused EABL of only concentrating on protecting its commercial interest without looking at the public good.
“The 30 per cent warning label on the printed area as proposed by EABL will not be visible from a distance. We want the consumer protected and they need to see the warning message with prominence,” explained lawyer Chege.
He also said that Thailand was considered since it is a good example of labeling. Also, it has conducted studies on the subject.
Lawyer Chege said alcohol abuse has been a matter of common concern in the country, hence the introduction of the Alcohol Drinks Control Act. Judgment has been set for November 23.
Source: Saturday Nation (13/10/2012): http://www.nation.co.ke/business/news/-/1006/1531940/-/2w4j9rz/-/index.html
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