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ASH Daily News

18 October 2006

[View html version: http://www.globalink.org/nbuk]

HEADLINES

Canada Tobacco chief speaks of lawsuit fears

Pubs warned over noise implications of smoking law

Dairy owner charged for illegal tobacco sales

FULL TEXT

Canada Tobacco chief speaks of lawsuit fears

The head of Canada's largest tobacco company said on Tuesday the industry would prevail against government lawsuits currently being waged against it, or else go bankrupt.

Benjamin Kemball, president and chief executive of Imperial Tobacco Canada, told the Economic Club of Toronto that the governments suing companies like his would, in the end, hurt their own tax revenues, foster a black market for cigarettes and do nothing to curb smoking in Canada.

British Columbia is the first Canadian province to try to sue tobacco firms - as well as their parent companies outside Canada - for billions of dollars in damages associated with the health costs of smoking-related illnesses.

The province is looking to win $8.8 billion from the industry, and lists as defendants Imperial Tobacco Canada and its parent, British American Tobacco Plc; Rothmans Benson & Hedges Inc., a subsidiary of Altria Group Inc. and Rothmans Inc.; the Canadian Tobacco Manufacturers' Council; and JTI-Macdonald Corp.

Rob Cunningham, senior policy analyst for the Canadian Cancer Society, is confident the governments will win, and cites similar cases in the late nineties in the United States where state governments won out of court settlements worth some $245 billion - without the U.S. industry going bankrupt.

"If the Canadian companies were unable to pay if B.C. is successful, it may be that the parent companies will have to pay. Obviously they'll contest that, but this happens, right? If you have an American company that manufactures defective breast implants, they may have to pay damages to Canadians who are suffering. Similarly, a foreign company may have to pay damages for wrongs they have committed that have caused damage in Canada." Cunningham said.

"The tobacco industry is in a public relations effort to try and portray themselves as good guys and that people should work with them. In fact, the interests of the tobacco industry are fundamentally opposed to public health because they are trying to stave off a decline in their sales..."

Cunningham said statistics from the Canadian Council for Tobacco Control show smoking rates among Canadians aged 15 and older have dropped from 25 percent of the population in 1999 to 19 percent in 2005.

Source: Reuters, 18 October 2006
Article link: (R) http://tinyurl.com/wv3vv


Pubs warned over noise implications of smoking law

Pubs are being urged to consider the 'noise implications' of the English smoking law - or risk hefty fines.

Law firm Horsey, Lightly Fynn says licensees should prepare now for the ban but remember to consider the noise effects of any outside smoke shelters.

Under the new Noise Act an instant penalty of £500 can be imposed on licensees with fines increasing to as much as £5000 if the matter reaches court.

Equipment may also be confiscated and licences reviewed.

Jon Payne, a solicitor and barrister and a fellow of the Royal Society of Public Health, said: "Experiences in other countries that have imposed a ban on smoking have been largely positive with few problems.

"In England and Wales however we have the benefit of more flexible licensing hours and concerns have been raised that 'smokers' will congregate outside licensed premises late at night.

"This could then result in businesses falling foul of the new Noise Act provisions and now is therefore the right time for licensed premises to plan ahead.

"It may be possible to construct 'smoking shelters' but gaining planning permission, or changes to a licence, can take time so applications need to be made promptly."

Source: Morning Advertiser, 18 October 2006
Article link: http://tinyurl.com/yekh93


Dairy owner charged for illegal tobacco sales

An Auckland dairy owner has been convicted for selling illegal chewing tobacco.

The Ministry of Health took the prosecution after a sting operation to find out whether retailers have been importing material from India and selling it under the counter.

The dairy owner from Avondale has been ordered to appear for sentence if required within 12 months. The Ministry was awarded just over $1,000 in costs.

A Ministry spokesperson says a Public Health campaign has been run to educate people about their legal responsibilities and the health risks associated with chewing tobacco, like oral cancer.

Source: Radio New Zealand, 18 October 2006
Article link: http://tinyurl.com/yfpjhj

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