[Intl-tobacco] Canada: Newfoundland suit takes aim at Imperial tobacco

[Robert Weissman]

Nfld. suit takes aim at Imperial tobacco
Canadian Press
 July 20, 2004

 St. John's =97 A Newfoundland law firm has filed a class-action lawsuit
 against tobacco giant Imperial Tobacco, claiming the Montreal-based compan=
y
 deceived its customers in its marketing for light and mild cigarettes.

 =93It's on behalf of all those people who, in the belief that light cigare=
ttes
 were a more healthful alternative, smoked light cigarettes anywhere in the
 last 30 years or so,=94 lawyer Ches Crosbie said Tuesday.

 The lawsuit, which is similar to one filed last year in British Columbia,
 isn't seeking compensation for people who suffered health problems due to
 smoking. Instead, the suit is based on Newfoundland's Trade Practices Act,
 a statute enacted in the 1970s as part of pro-consumer reforms.

 =93We're saying it was a deceptive trade practice and forbidden by the act=
,=94
 said Mr. Crosbie. The suit will seek the refund of money made from the
 sales of light and mild cigarettes since their introduction in the 1970s.
 Mr. Crosbie said hundreds of millions of dollars are at stake.

 Christina Dona, an Imperial Tobacco spokesperson in Montreal, dismissed th=
e
 court action as unfounded and frivolous. =93We view this particular suit
as a
 copy-cat suit, an opportunistic attempt to cash in on American-style
 litigation and it in no way reflects the Canadian reality,=94 she said.

 Ms. Dona said the federal government is responsible for instigating and
 authorizing the development of lower tar tobacco products. =93Up until las=
t
 year the federal government was encouraging smokers that if you can't quit=
,
 then switch to lighter, lower tar delivered products.=94

 Kevin Coady, head of the Newfoundland and Labrador Alliance for the Contro=
l
 of Tobacco, said statistics indicate some smokers would have quit years ag=
o,
 but switched instead from regular cigarettes to light brands thinking they
 would be less harmful. =93Clearly this is a case of deception,=94 said Mr.
 Coady. =93There's an obvious perception if you put the word light on
 anything.=94

 Mr. Crosbie filed the suit two weeks ago in Newfoundland Supreme Court on
 behalf of Victor Sparkes of Conception Bay South, Nfld. Mr. Sparkes, a
 former smoker who kicked the habit four years ago, said he hasn't develope=
d
 any obvious illnesses as a result of 15 years of smoking. He said he smoke=
d
 light cigarettes because he believed it could delay the onset of
 smoking-related illnesses.

 Last year, an Illinois court ordered U.S. tobacco giant Phillip Morris to
 pay $10.1-billion (U.S.) to one million smokers. A judge ruled the company
 violated the state's consumer fraud laws in the way it marketed its light
 brands of cigarettes. That decision is currently under appeal. A final
 ruling is expected by the end of the year.

 Mr. Crosbie said the next step will be a certification hearing before the
 Newfoundland Supreme Court. A date for that hearing has not been set. He
 said he expects there will be an appeal by one side or the other no matter
 what the result of the hearing. If the lawsuit is approved by the court,
 Mr. Crosbie said it could take up to five years before a ruling is made.

 Dr. Susan King, past president of the Newfoundland and Labrador Medical
 Association, said there's no such thing as a safe cigarette. =93We know th=
at
 in Newfoundland and Labrador, we lose about 1,000 people a year who are
 smokers,=94 she told a news conference Tuesday.
--
Robert Weissman