Canadian government may seek total tobacco ad ban
Aug 16, 2007—The Canadian government will consider a total ban on cigarette advertising if tobacco companies try to exploit a court ruling yesterday that leaves the door open to some forms of ads aimed at adult smokers. The report can from Canadian news source The Star.com. In a 9-0 ruling Thursday, the Supreme Court of Canada said the 1997 Tobacco Act and a series of regulations aimed at protecting people, especially youths, from becoming addicted are a violation of the Charter's freedom of expression guarantee. But the court went on to say the act was a reasonable and constitutionally valid limit on the tobacco manufacturers' commercial speech rights because of the need to protect public health. Health Minister Tony Clement cheered the ruling upholding the strict limits on advertising but agreed with critics, including the Canadian Cancer Society, who worried there may be "loopholes" tobacco companies will use to get around the rules on advertising. Simon Potter, a lawyer representing the tobacco industry, predicted companies will soon end the voluntary moratorium they had observed for 10 years while the case wended its way through the courts. But Potter, responding on behalf of the Big Three tobacco companies – Imperial Tobacco Canada Ltd., Rothmans, Benson & Hedges Inc. and JTI-Macdonald Corp. – said any new advertising "will be very limited." He said Canadians won't soon see cigarette ads on billboards or television but "you may see advertising in adult-only locations or advertising in mailings to adults, things like that." The government's first attempt to restrict tobacco advertising was struck down by the high court in 1995 as overly broad, with no evidence to support the government's justification for a comprehensive ad ban.
Aug 16, 2007—The Canadian government will consider a total ban on cigarette advertising if tobacco companies try to exploit a court ruling yesterday that leaves the door open to some forms of ads aimed at adult smokers. The report can from Canadian news source The Star.com. In a 9-0 ruling Thursday, the Supreme Court of Canada said the 1997 Tobacco Act and a series of regulations aimed at protecting people, especially youths, from becoming addicted are a violation of the Charter's freedom of expression guarantee. But the court went on to say the act was a reasonable and constitutionally valid limit on the tobacco manufacturers' commercial speech rights because of the need to protect public health. Health Minister Tony Clement cheered the ruling upholding the strict limits on advertising but agreed with critics, including the Canadian Cancer Society, who worried there may be "loopholes" tobacco companies will use to get around the rules on advertising. Simon Potter, a lawyer representing the tobacco industry, predicted companies will soon end the voluntary moratorium they had observed for 10 years while the case wended its way through the courts. But Potter, responding on behalf of the Big Three tobacco companies – Imperial Tobacco Canada Ltd., Rothmans, Benson & Hedges Inc. and JTI-Macdonald Corp. – said any new advertising "will be very limited." He said Canadians won't soon see cigarette ads on billboards or television but "you may see advertising in adult-only locations or advertising in mailings to adults, things like that." The government's first attempt to restrict tobacco advertising was struck down by the high court in 1995 as overly broad, with no evidence to support the government's justification for a comprehensive ad ban.
