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Second health court victory over tobacco industry in a week - they should apologise

The UK tobacco companies, Gallaher and Imperial Tobacco, suffered their second court defeat in a week as a High Court judge today dismissed their judicial review of the report of a Government advisory committee, the Scientific Committee on Tobacco and Health[1]. This follows an Appeal Court defeat for the companies last week [2].

Clive Bates, Director of ASH, was delighted: "The tobacco industry's strategy of using the courts at every opportunity to block legitimate tobacco policy is falling apart around them. We think the industry should come out and apologise for its crude attack on this committee of eminent scientists and for wasting everyone's time."

"The SCOTH report is an excellent and powerful analysis of major issues related to smoking policy and gives clear guidance on epidemiology, passive smoking, addiction, marketing and much more. The tobacco industry can't stand having the scientific truth laid out in such clear and authoritative terms and has tried to muddy the waters and cast a shadow over the report by taking gratuitous and time-wasting legal action. We are pleased, the tobacco industry should be ashamed of themselves." Said Bates.

"Only the tobacco industry and people paid by them really believe that tobacco advertising is all about switching brands. The Government, the European Union, the World Bank and most respectable academics now accept that tobacco advertising increases smoking and therefore causes harm." Said Bates.

The Court ruled that because SCOTH is an advisory committee and does not make policy or exercise executive power, there was no basis for a judicial review, which is a legal process by which the Government can be challenged if it abuses its powers. The judge dismissed the tobacco industry argument that it had been harmed by the report and accepted that the Committee could consult with who it likes. The court refused leave to appeal and the process therefore ends here.

END 

Notes to the editor

[1] The SCOTH report was published in March 1998 and is at:www.official-documents.co.uk/document/doh/tobacco/contents.htm

[2] On Thursday 16th December, the Court of Appeal found in favour of the Government's appeal against the tobacco industry injunction against introducing the tobacco advertising ban.

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