Posted on 12/14/2002 3:07:37 AM PST by Lorenb420
MONTREAL -- Canada's anti-tobacco lobby urged the federal government yesterday to crack down even further on cigarette manufacturers after a judge dismissed an industry challenge of the Tobacco Act governing advertising.
Canada's three main tobacco companies argued the law forcing them to put warning labels on cigarette packages is unconstitutional because it unfairly limits their right to do business and market a legal product.
But Quebec Superior Court Justice Andre Denis rejected their view, noting in his ruling that cigarettes kill 45,000 Canadians a year.
"They (tobacco companies) are trying to save an industry in inevitable decline and they have every right to do so," Denis wrote.
PROTECTING PUBLIC HEALTH
"Their rights, however, cannot be given the same legitimacy as the government's to protect public health."
The law also bans tobacco advertising through broadcast outlets, billboards, street kiosks, bus panels and store displays.
Anti-tobacco officials were ecstatic with the ruling.
"It's just dynamite, dynamite," said Francois Damphousse, director of the Quebec office of the Non-Smokers' Rights Association.
Donald McCarty, a vice-president at Imperial Tobacco Canada Ltd., said the industry was disappointed with the decision. He hinted at an appeal but also said negotiations with the federal government would help avoid years of legal wrangling.
The judge also criticized the tobacco companies for using terms such as "light" on their cigarette packages.
'LIGHT' AND 'MILD' ISSUES
Rob Cunningham, of the Canadian Cancer Society, urged Ottawa to seize the momentum and eliminate prominent retail displays of tobacco products as well as "deceptive" descriptions such as "light" and "mild."
A spokesman for Health Minister Anne McLellan, said the department was pleased with the decision and that the minister is looking at the "light" and "mild" issue.
And not just the ones in Canada - they are a pox on everyone, everywhere.
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