The Quebec Court of Appeal has weakened one of Canada’s strongest antitobacco laws, which had been hailed by the World Health Organization as a model.
The law had prohibited the name of any tobacco firm or brand from being associated with a public event. By a majority of two to one the court’s panel of judges struck down the prohibition of company names as unconstitutional, although it maintains the restriction on brand names.
The court’s ruling opens the door to the industry again sponsoring sports and cultural events, warned Gardield Mahood, executive director of Canada’s Non-Smokers Rights Association. However, Rob Cunningham, a lawyer for the Canadian Cancer Society, believes that despite the watering down of the law most of its key elements have been upheld.
Mr Cunningham said this means that "you could have the JTI tennis tournament but not have the Export A tournament" (JTI-Macdonald is a tobacco manufacturer and Export A is a brand).
Mr Mahood said, "This creates a loophole which can be exploited by the industry to buy legitimacy. This flies in the face of everything that the international health community is trying to do." Mr Cunningham, however, thinks sponsorship in which only company names can be used would hold little appeal for the industry.
The Globe and Mail , a national newspaper, pointed out in an editorial (24 Aug; sect A: 14) that the ruling seems to create a non-level playing field among the companies who had appealed the law: "Rothmans, Benson & Hedges Inc. would have trouble using its name, since it echoes the names of its brands. JTI-Macdonald Corp.’s corporate name partly echoes its brands Macdonald Special and Macdonald Select. Imperial Tobacco Canada Ltd. would presumably be safe (but not its DuMaurier brand, a major erstwhile sponsor of the arts)."
The three appealing companies claimed that the law restricted their freedom of expression. Imperial Tobacco said in a statement that it was pleased with the ruling, "particularly its acknowledgement that we have a right to communicate with adult smokers."
Mr Justice Andre Brossard, writing for the panel’s majority, said the law went too far in banning the use of names of tobacco companies in sponsorship of events. "I cannot conceive that a duly incorporated company, whose corporate name was approved by the state, whose name by itself bears no harmful connotation going against public order and good manners, could not legitimately use that corporate name."
The federal health minister, Ujjal Dosanjh, said his government is likely to appeal the Quebec court’s ruling.