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Cigarette court case would astonish anti-smoking campaigners

This news post is almost 9 years old
 

Anti-smoking charity condemns suggestion of legal action from Philip Morris over the right to promote "addictive and lethal" cigarettes

Anti-smoking charity Ash Scotland has hit out at tobacco giant Philip Morris over its alleged plan to sue the UK and Scottish Government.

Sheila Duffy, chief executive of Ash Scotland, described the idea that the group would bring a compensation case forward over the decision to impose plain cigarette packaging as astonishing.

Philip Morris, which owns brands such as Marlboro and Benson and Hedges, is understood to have prepared legal papers seeking between £9 billion and £11 billion – a figure based on research carried out by investment company Exane BNP Paribas.

It is reported the company will complain that the forced removal of trademarks is a "deprivation of property" and therefore breaching the European Court of Human Rights.

Duffy said: “The idea of a filthy rich company with an addictive and lethal product demanding compensation against a measure aimed at protecting children and saving people's lives astonishes me.”

Scotland’s public health minister Maureen Watt said she wouldn’t be surprised if the company does bring a case. She said: “A legal challenge would not be unexpected.

“However, we do not believe that legal threats from the tobacco industry should stop us from taking action to improve the health of our children, families and communities.”

MPs agreed in March to introduce standardised packing of tobacco products as of May 2016 and MSPs said they would follow suit in Scotland.

Another firm, Japan Tobacco International, has already confirmed it is preparing to sue the governments.

It says plain packaging is unlawful as it “infringes important principles of UK and EU law, and other fundamental rights”.

 

Comments

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Laura
almost 9 years ago
Might be interesting to see action already taken in Australia - although specific to local agreements it appears. Long, drawn out and involving WTO. See: http://www.ag.gov.au/tobaccoplainpackaging. Final report from the panel appointed by the Disputes Settlement Body not due until later next year...
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