[Intl-tobacco] UK Tobacco advertising ban - legal delays so far will cost over 1,300 lives (fwd)

[Robert Weissman]

Tobacco advertising ban - legal delays so far will cost over 1,300 lives
Source: ASH London, Monday, 5/22/00
    Press Release
Action on Smoking  and Health 

ASH today called on the House of Lords to end the block on the ban on
tobacco advertising.  Using Government figures, ASH showed that the delay
so far (164 days) would ultimately cause the avoidable loss of over 1,300
lives due to the extra smoking driven by continued advertising[1].  The
advertising ban [2] has been opposed by the tobacco industry from the
start. Having failed in the Appeal Court, it is continuing its legal
delaying tactics in the House of Lords today (Monday) [3].

"Their Lordships should understand that this is quite literally a matter
of life and death, with thousands of lives at stake. Smoking is so harmful
that you don't need big changes in consumption to create huge health
effects." said Clive Bates, Director of ASH.

The tobacco advertising directive was agreed in June 1998 and a ban on
tobacco advertising forms an important part of the Government's tobacco
White Paper, and 1997 election manifesto.  The Government had planned to
introduce the first phase of the advertising ban on 10 December 1999 but
was blocked by tobacco industry legal action.  If the procedural and legal
delays continue to block the advertising ban, ASH will press Ministers to
introduce a comprehensive Tobacco Bill as primary legislation in the
Queen's speech this year. This offers the opportunity to block the
loopholes in the existing advertising directive and introduce other
controls on the tobacco industry - it could even offer a better solution.

Notes to the Editor

[1] The Tobacco (Prohibition of Advertising and Promotion) Regulations
1999 p.16.  The Government cautiously estimates that banning tobacco
advertising will cause tobacco consumption to drop by 2.5%.  The
Government concludes "As mentioned earlier, smoking is estimated to kill
120,000 people in the UK each year. A 2.5% reduction in the number killed
would mean that about 3000 lives a year could be saved."  3000 lives per
year equates to 8.2 lives per day or 1345 lives in the 164 days of delay
so far introduced by legal blocking tactics.  See the Government
assessment at: www.doh.gov.uk/pub/docs/doh/tobacco2.pdf

[2] Directive 98/43/EC see explanation at:
www.ash.org.uk/papers/eu-ban1.html and more detailed information at
www.ash.org.uk/campaign.html

[3] The tobacco companies are requesting a delay in implementing the
advertising ban pending the resolution of their substantive complaint to
the European Court of Justice - this is a challenge to the legal base of
the Directive.  The Advocate General of the ECJ will give an opinion on
15th June and it is unlikely that the Lords will decide before hearing
that.  The final decision of the ECJ is likely before October this year,
and it is possible that the Lords will consider this near enough to
justify waiting for the ECJ ruling - even if, like the Court of Appeal,
they dismiss the companies' substantive arguments.  In that event, the
tobacco industry will have secured a delay of about one year.

[4] The tobacco industry has a long and varied history of saying one thing
in public, whilst knowing the truth in private:  
www.ash.org.uk/papers/tedbates1.html and
www.ash.org.uk/papers/tobexpld4.html

Contact Clive Bates, ASH (020) 7739 5902