High court ruling a disappointment but tobacco advertising will still be banned

Friday 29 October 1999
ASH/ Press releases/

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Press release

For immediate release

Action on Smoking
and Health

29th October 1999

High Court ruling a disappointment but tobacco advertising will still be banned

Commenting on the High Court ruling overturning the Government’s tobacco advertising regulations, ASH said that while this was a setback, a ban on tobacco advertising was still achievable within the time-frame set by the Directive. Amanda Sandford said: “The posturing by the tobacco industry will ultimately come to nothing. Given the overwhelming political and public support for a ban, the industry will be forced to accept that it cannot change sound policies through spurious legal challenges.”

Kevin Barron MP said: “We will not be defeated by the industry’s attempt to sabotage the tobacco advertising regulations. A fast track route to getting the advertising ban in place would be through a Private Member’s bill which hopefully would have the Government’s support.” Mr. Barron added: “A draft Bill has already been produced which is even tougher than the existing draft regulations and would close the loopholes currently found in the EU Directive.”

The draft Private Member’s bill released by ASH today is consistent with the EU Directive and closely follows the Government’s Regulations. However, the bill would remove the ambiguity currently relating to point of sale advertising and to indirect advertising.

[1] Kevin Barron MP is the Chair of the All Party Group on Smoking and Health. In 1994 he steered a tobacco advertising bill through the Commons to the Committee stage. (At Second Reading, the Bill attracted 227 votes in favour and only 17 against.)

[2] EU Directive 98/43/EC permits Member States to enact legislation that goes further than the minimum requirements of the Directive. The Directive allows for “the presentation of tobacco products offered for sale and the indication of their prices at tobacco sales outlets”. It also allows the continuing use of brand names “already used in good faith both for tobacco products and for other goods or services”. ASH’s draft bill would close these loopholes by imposing restrictions on tobacco price lists and strict conditions on the use of tobacco brand names on non-tobacco products.


Contact Amanda Sandford (0207) 739 5902
Kevin Barron MP

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