Booze, Bottles and Brussels: Member States’ Dilemma on Alcohol Health Warnings [forthcoming 2024]

In Europe’s Beating Cancer Plan of May 2020, the Commission committed to introducing proposals for health warnings on alcohol packaging by 2023. Little progress has been made despite the passing of the deadline. Concurrently, there is renewed momentum at the Member State level to introduce national measures on alcohol health warning labelling. Most recently, Ireland adopted new laws which will require alcohol packaging to include warnings relating to the links between alcohol and liver disease and cancers, and a warning against drinking during pregnancy. These rules have been strongly supported by public health and other stakeholders. However, questions as to compatibility with EU law have been raised by industry actors and some Member States. This article explores the legal uncertainties. It argues that national evidence-based alcohol health warning labelling is a proportionate measure compatible with harmonised provisions of EU law. It concludes that EU law is not a barrier to effective mandatory alcohol health warning labels at the national level and, therefore, calls on all Member States to gather the political will to introduce labelling rules to ensure a high level of consumer and public health protection.