[Intl-tobacco] Bangladesh: victory against Thames cigarettes

[Robert Weissman]

Legal Victory in Bangladesh

Tobacco control advocates in Bangladesh recently won a significant
victory against the tobacco industry.  Advocates filed a writ petition
against Imperial
Tobacco (Bangladesh) Limited for their advertising campaign for Thames
cigarettes, in which people could fill out a coupon to join a lottery
for a plane ticket
to London.  Advertising campaigns using lotteries are illegal in
Bangladesh, as they are considered a form of gambling.

In response to the writ petition, the High Court Division of the Supreme
Court of Bangladesh issued an order to stay all promotional/advertising
campaign by
Imperial Tobacco (Bangladesh) Limited to promote its tobacco products,
namely Thames cigarettes.

The petition was filed by Advocate Sheikh Rafiqul Islam,  Program
Director of Law and Society Trust of Bangladesh (LSTB), and argued by
Ms. Tania
Amir, Barrister at Law, also of LSTB.

In addition to the lottery aspect of the campaign, the main thrust of
Barrister Tania=92s arguments was that Imperial Tobacco (BD) Ltd. has been =
conducting
promotional activities of its product in violation of fundamental
rights, e.g. the right to life, and that no action may be taken
detrimental to life. The right to life
is protected by the constitution of the People=92s Republic of Bangladesh.

The Court called upon the respondents, which included the Government of
Bangladesh, Imperial Tobacco, and the publisher of advertisements, to
show cause
as to why the promotional advertisement activities of Imperial Tobacco
(BD) Ltd. should not be declared to be illegal, and why exemplary
damages shall not
be awarded which shall be used for counter advertisement and awareness
programs against the use of tobacco.  The judges also stayed all promotiona=
l
advertisement activities of Imperial Tobacco (BD) Ltd. for a period of
two months.

The advertising campaign was first noted by Rafiqul Islam Milon of
Manobik, an anti-drug organization heavily involved in tobacco control
and one of the
leading organizations of the Bangladesh Anti-Tobacco Alliance.  Mr.
Milon carefully documented the campaign, providing the evidence for the
case.

The victory was reminiscent of the writ petition filed against British
American Tobacco Bangladesh against the Voyage of Discovery campaign, which
stopped promotional events surrounding the arrival of the yacht in
Bangladesh, and provided impetus towards the government=92s drafting of a c=
omprehensive
tobacco control law, currently awaiting vetting in Parliament.


       -Syed Mahbubul Alam Tahin

.............
Work for a Better Bangladesh (WBB)
House-49 Road-4/A
Dhanmondi, Dhaka-1209, Bangladesh
Ph- 880-2-9669781 Fax-880-2-8629271
E-mail-wbb@pradeshta.net
website: http://wbb.globalink.org