Posted on 09/09/2002 7:23:13 PM PDT by SheLion
MONTREAL, Sept 9 (Reuters) - Canada's big three cigarette makers presented final arguments on Monday in a landmark court fight against the country's stringent anti-smoking legislation, seeking to overturn restrictions on advertising and packaging in the name of free speech and free enterprise.
Rothmans Benson & Hedges Inc., JTI-Macdonald Corp. and Imperial Tobacco Canada Ltd. presented their closing statements in Quebec Superior Court, arguing that Ottawa's fight against smoking has taken a "ridiculous" turn given the sweeping restrictions the companies face.
Canadian anti-smoking rules are seen as among the world's toughest, requiring that graphic images of such things as lung tumors and diseased gums cover half of cigarette packs, and banning sponsorship of cultural and sporting events by tobacco companies.
The only form of promotion allowed is "information advertising" and "brand-preference advertising", banning any "lifestyle" ads such as ones associating a brand with sports or cultural activities.
"We're claiming the government is going too far. You must see that a law that bans evoking emotions is a bit ridiculous," Simon Potter, lead counsel for the tobacco makers, told reporters outside the court.
Rothmans Benson & Hedges is a unit of Philip Morris Cos. Inc. and Rothmans Inc., Imperial Tobacco is a wholly owned unit of British American Tobacco, and JTI-Macdonald is a unit of Japan Tobacco Inc.
The tobacco business generates sales of about C$2.5 billion ($1.6 billion) a year in Canada, and the companies make about 40 Canadian cents of profit on each dollar sold.
During the trial, the cigarette makers presented studies showing no direct link between consumption and advertising. They said restrictions imposed on their constitutional freedom of speech were therefore unjustified because there was no issue of public health.
"It's the same thing with advertising for gas or laundry detergents: it's there to make you choose one brand instead of another. People don't drive more because of gasoline ads," Potter said.
Canadian health officials, who consider smoking the most serious health problem in the country, contend the restrictions on the tobacco industry are justified given the deadly nature of the product.
About one out of four Canadians smoke, and health authorities say about 45,000 Canadian die each year because of tobacco.
Julie Desrosiers, lawyer for the Canadian Cancer Society, which was granted an intervenor status in the case, dismissed the contention that tobacco advertising is harmless.
"The tobacco industry doesn't want to inform smokers on the characteristics of its products. They prefer to associate their products with the cool events of life," Desrosiers told reporters.
The case is the biggest test of a law enacted in 1997, after the tobacco industry successfully challenged previous legislation before the Supreme Court of Canada in 1995.
Any ruling by the Superior Court is expected to be appealed at the Supreme Court.
In addition to advertising and packaging restrictions, anti-smoking policies include bans on smoking in public buildings and in the workplace, as well as forbidding the sale of tobacco products to those under 18.
"Tobacco usage is at its lowest rate ever in Canada now, and that's certainly directly linked to the whole tobacco-control policies put in place by the government of Canada over the last 15 years," Desrosiers said.
($1=$1.56 Canadian)
Oh really? I truly believe that Canadians are rolling their own or headed to the Net to buy cigarettes. Just like their American friends.
And it's about time Big Tobacco started standing up. Might be a little too late.
Watch and learn my friends -- don't let it happen here.
I see. And should Big Mac wrappers be half-covered with pictures of clogged arteries and diseased hearts? Or packages of candy half-covered with pictures of toothless people?
Was that a BUMP or a BURP, Joe? heh!
Half a bump and half a gasp.
Got news for you friend, it's been happening there as well.
Canada considers legalising cannabis
Has this been on Free Republic yet? Canada wants to legalize POT! Yet they are trying to ban tobacco. Go figure. They are all nuts!
"The specially appointed committee said in a 600-page report that the current system of prohibition does not work and should be replaced by regulations similar to those that license alcohol use."
Terrific, just terrific!
Not only that, but they want 16 year old kids to be allowed to smoke it, and they have to be 19 to smoke cigs.
This is absolute BS, Great Dane. I am beginning to believe that martians have over taken the bodies of our lawmakers. I swear to God, they aren't all there in their heads OR bodies. Some foreign body has over taken them! /scarasm
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