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The EU has been regulating tobacco packaging, ingredients and advertising for more than two decades. Health awareness of consumers has been at the heart of these provisions. Credit must, not least, be given to the EU for having made the health risks of smoking unmistakably clear to the general public. The new Tobacco Products Directive is going to apply even stricter rules, especially regarding health warnings and ingredients of tobacco products. All the while the level of public education and awareness has been rising, raising the question: does an even stricter tobacco regulation not require a stronger justification in the light of the evolving European fundamental rights? The article assesses whether key provisions of the new Tobacco Products Directive are compatible with the guarantees under the Charter of Fundamental Rights of the European Union.
