Lebensmittelverband Deutschland (Food Federation Germany)

Lebensmittelverband Deutschland (LMVD), the Food Federation Germany, represents stakeholders working across the food industry in Germany.¹ This includes those operating in the agricultural sector, the food and trade industries, the packaging industry, as well as suppliers, including the tobacco industry.²³

Background

It was previously known as Bund für Lebensmittelrecht und Lebensmittelkunde (BLL), the German Federation for Food Law and Food Sciences.⁴

As of 2023, members include around 70 associations, 250 companies, and 150 corporate and individual members.⁵

LMVD describes itself as “opinion-forming platform, service provider and consultant” for its members.² It undertakes lobbying activities in both Germany and the European Union (EU).⁶³

Links to the tobacco industry

Tobacco industry members

LMVD is financed exclusively from its membership fees, however no figures are disclosed.⁷

Members include:

• Philip Morris GmbH, a subsidiary of Philip Morris International (PMI).⁸⁹
• The Association of the German Smoking Tobacco Industry (VdR). This association represents the interests of manufacturers and EU distributors of tobacco, as well as importers of cigars and cigarillos based in Germany.¹⁰ Patrick Engels, Chairman of VdR, sits on LMVD’s board of trustees.¹¹

Although not listed as a member on LMVD’s website, as of February 2023, the Federal Association of the Tobacco Industry and Novel Products (BVTE) listed its membership of LMVD in the German lobbying register in September 2022.¹² BVTE states that it “represents and promotes the interests of the entire value chain across all smoking and vaping products as well as tobacco and nicotine products for oral use”.¹³ BVTE’s members include British American Tobacco, Imperial Brands, Japan Tobacco International, and Swedish Match (now owned by PMI).¹⁴

Activities

LMVD has regularly criticised and lobbied against the introduction of new tobacco control policies.

Against bans on tobacco advertising

In October 2000, LMVD released a statement expressing its support of a recent ruling in the European Court of Justice that blocked a directive to ban tobacco advertising and sponsorship,¹⁵ stating “[LMVD] is again strictly against such advertising bans… A total ban on advertising legitimate products on the market is contrary to European legal systems… advertising bans cannot reduce the proportion of smokers in the population at all. Consumer information and education is a more appropriate way to enable consumers to make informed purchasing decisions”[translation].¹⁵

Lobbied against revisions to the EU Tobacco Products Directive

The Tobacco Products Directive (TPD) regulates the manufacture, presentation and sale of tobacco products in the EU. In 2014, the EU completed the first revision of the TPD (2014/40/EU), which became applicable in the EU Member States in May 2016. Regulations included a ban on the use of characterising flavours, an increase in size of graphic health warnings, and a ban on tobacco advertising.

LMVD lobbied against the revision of the TPD on several occasions.

In December 2012, LMVD publicly opposed the proposed revisions to packaging regulations,¹⁶ stating that:

“These are requirements that are not compatible with either the fundamental rights of consumers or those of companies. Almost standardized packaging, 75 percent of which contains warnings and leaves little space for brand names and product information, ignores consumers’ right to information and freedom of choice”[translation].¹⁷

In February 2013, LMVD submitted a statement to the Government arguing against the draft directive. The statement noted that PMI would also be providing comments:¹⁸¹⁹

“…we thank you for the opportunity to comment on the above draft. For the rest, we refer to the statements of the trade associations and the company Philip Morris who will contact you directly with their comments”.[translation]

PMI is known to have spent millions of euros on an elaborate lobbying campaign against revisions to the TPD, involving more than 160 lobbyists.

In the statement, LMVD argued against the ban on characterising flavours, and stated that introducing plain packaging and increasing the size of graphic health warnings violated EU law.

LMVD also stated that the draft directive could affect a large number of small and medium enterprises, subjecting them to “administrative and financial hurdles that are disproportionate to adequate regulation for the purpose of comprehensive health protection”[translation].¹⁹

LMVD released another statement in July 2013 claiming that “With the proposed general ban on additives, the EU Commission is demonizing the use of flavourings without any scientific basis”.²⁰

It argued that scientific test criteria must be developed before the regulation of characterising flavours in tobacco products, and that its tobacco industry members would like to be involved in this process.²⁰

The World Health Organization Framework Convention on Tobacco Control (WHO FCTC) highlights the need to protect public health policies from the tobacco industry.

In November 2015, LMVD made a further submission to the government that was heavily critical of the changes, this time also citing concerns about the introduction of an advertising ban:²¹

“A total ban on information and advertising for lawful products contradicts our economic system and the basic law”[translation].

• For an overview of the EU TPD Revision process and the tobacco industry’s response, see: EU Tobacco Products Directive Revision

Opposed tobacco advertising ban in Germany

In 2016, LMVD criticised a draft law that proposed a ban on all outdoor advertising of tobacco products and e-cigarettes, a regulation which was not included in the 2014 TPD revision.  In a press release LMVD stated “[LMVD] considers total bans on the advertising of legal products to adults to be a deep cut in society’s concept of freedom”.²²

In 2019, it also took part in government discussions regarding the possible extension of tobacco advertising bans.²³

Lobbying on heated tobacco

In March 2022, LMVD opposed an amendment to the TPD which proposed the withdrawal of certain regulatory exemptions for heated tobacco products.²⁴

LMVD claimed that including the same health warnings on HTP packaging that appear on other tobacco products would constitute misinformation to the customer. It also argued that the EU commission did not have the authority to create new product categories or change existing definitions.²⁵²⁶

Tobacco Tactics Resources:

• EU Tobacco Products Directive Revision
• Third Party Techniques