Tobacco ad ban legal, says court (fwd)

[Robert Weissman <rob@essential.org>]

Tobacco ad ban legal, says court
The government says the ban is in the national interest
Source: BBC Online, Thursday, 12/16/99
Thursday, 16 December, 1999, 00:52 GMT
  
	The UK Government's planned tobacco advertising ban is legal, a
court has ruled.


But the legal injunction holding up the ban was immediately re-imposed as
the tobacco industry announced a further application to the House of
Lords.

This latest stage may not take place until February, although both sides
are pushing for a quick result.

It was, however, hailed as a "victory for public health" by Health
Secretary Alan Milburn.



Ministers originally planned to outlaw advertising of cigarettes on
billboards and in cinemas, newspapers and magazines from 10 December, but
the tobacco industry obtained an injunction which delayed the ban.

At the Court of Appeal, the government argued that the ban was in the
national interest and in accordance with manifesto pledges.

Judges agreed the ban was legal.

Ministers had hoped this court victory would allow regulations to come
into force on January 6, but the four tobacco companies that had won the
original injunction were granted a "stay" keeping the block in place
pending an application to the law lords for leave to appeal.

The manufacturers had argued that the government was moving too fast by
introducing a ban before their own legal challenge could be heard.
Industry is confident


The Tobacco Manufacturer's Association is confident that, even if an
appeal to the House of Lords is unsuccessful, it can successfully
challenge the EU directive on which the ban is based.

This would force the government to either abandon the idea, or introduce a
brand new Bill to carry it out.

John Carlisle, its spokesman, said: "We think we have got a very strong
case. We're fighting it in Europe, although obviously we are hopeful of
winning at the House of Lords."

A spokesman for the British Medical Association said there was 'delight'
that the court had upheld the ban.

She added: "I think it's evidence of the desperate thrashing about of the
tobacco industry, determined to hang on to its market, that it will pursue
any avenue it can to stop this."

However, Clive Bates, director of the anti-smoking charity ASH, said it
was a "foregone conclusion" that tobacco advertising would be eventually
banned.

He said: "The government has made a commitment to banning it, and if they
can't do it with these regulations, they will bring in primary legislation
to do it."

Dr John Toy, from the Imperial Cancer Research Fund, said: "We're
delighted that the Appeal Court has seen sense and thrown out the ruling
blocking the tobacco advertising ban, however, we are dismayed to hear
that the tobacco companies are again appealing against this decision which
will further delay the implementation of the ban."


Health drive

Curbing smoking is a key part of the government's strategy to improve
public health by the year 2010.

Their targets are to cut deaths from certain forms of cancer, including
lung cancer, by a third, and cardiovascular disease, which includes heart
disease and stroke, by two fifths.

Alan Milburn, Secretary of State for Health said after the ruling: "This
is a victory for public health. Banning tobacco advertising is widely
supported both by the public and by the medical profession.  Now we have
the backing of the courts.


And smoking costs the NHS millions each year in terms of money spent
treating cancers and heart disease.