News

Tobacco firms fight ban on advertisements

Clare Dyer, legal correspondent , BMJ

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Four UK tobacco companies went to the House of Lords yesterday to try to stop the government going ahead with a ban on tobacco advertising before the European Court of Justice in Luxembourg rules on the issue late this year or early next year.

Gallaher, Rothmans UK, British American Tobacco, and Imperial asked five law lords to overturn an appeal court ruling last December which said that UK regulations implementing the ban could go ahead.

Ministers had hoped that the regulations would come into force last January, with phased withdrawal of advertising. But an injunction imposed by the appeal court pending the Lords hearing has stopped them proceeding with the ban.

Jonathan Sumption QC, for the tobacco companies, urged the five law lords to reverse a Court of Appeal decision in the government's favour and reimpose an injunction blocking the introduction of the ban until after the European Court has ruled on the legality of the European directive on tobacco advertising. The UK regulations had been drawn up as part of the European directive.

Mr Sumption said that the European challenge was highly likely to succeed and it would be wrong to allow the government to proceed in the meantime. The date set for member states to implement the directive was 31 July 2000 and there was no need for the government to "jump the gun."

He said that the ban would involve restrictions and criminal sanctions on individuals, including tobacconists, and on manufacturers. It would be impossible to compensate them in damages if the Luxembourg court later ruled that the directive was invalid.

The appeal, which the government is strongly contesting, finished hearing this week, and judgment is expected in June.