Tobacco giant to challenge display ban

Tobacco giant Phillip Morris is to launch a legal challenge against the ban on display of tobacco products in Irish shops.

The lawsuit, to be filed jointly with Donegal retailer Maurice Timony, will challenge the ban on the grounds that it severely limits the plaintiffs' ability to provide trade and services, in violation of the Constitution and of European Union law.

The suit is to be filed before the High Court tomorrow, it was announced.

Irish retailers have been banned from displaying tobacco products since July 1.

We support strict tobacco regulation, but this legislation just serves to hand the tobacco business over to smugglers and counterfeiters," said Philip Morris spokesperson Anne Edwards.

"Ireland already has one of the worst illegal cigarette problems in the EU, and this ban is making it worse.

"By taking this action, we ask the Irish government, ‘what type of industry do you want?’ One that is legitimate, and supports effective regulation, or one that is run by criminal gangs selling cheap, illegal cigarettes on street corners?’”

Mr Timony, owner of Timony News in Donegal, said the ban was just one example of a piece of over regulation that has not been well thought through and has negatively affected his business.

" The display ban threatens my business and I have therefore decided to take a stand against it.”

The plaintiffs are not seeking changes to the law prohibiting smoking in public places or that prohibit tobacco advertising. The goal of the lawsuit is to allow licensed tobacconists and retailers to display tobacco products in their stores.