State will fight tobacco companies, says Martin

THE State is to take on the tobacco giants in the courts to ensure tough new advertising bans stay in place, Health Minister Micheál Martin confirmed yesterday.

Tough laws banning the advertising and display of all tobacco products in stores on public health grounds came into effect earlier this year.

But three tobacco companies have legally challenged the constitutionality of the new laws on the grounds that they inhibit their rights to communicate information to smokers and compete in the Irish market.

The Department of Health filed its defence papers with the High Court yesterday.

Mr Martin said the State would fight this case vigorously because young children were particularly vulnerable to in-store advertising which gets them hooked on cigarettes.

“The State will put all its resources into fighting the tobacco companies on this legal challenge. Smoking kills 7,000 people a year in this country because they die of tobacco-related diseases like lung cancer and heart disease.”

The aim of the Public Health (Tobacco) Act 2002 was to reduce the number of young people smoking and the number of tobacco-related deaths, Mr Martin added.

The three tobacco companies who have challenged the constitutionality of the new law are Gallaher (Dublin) Ltd, PJ Carroll and Company Ltd and John Players & Sons.

The Irish Tobacco Manufacturers Advisory Committee (ITMAC) which represents these companies could not be reached for comment. However, when they lodged their legal challenge to the tough new laws the three tobacco companies said it was because the laws were an unconstitutional inhibition of their right to freedom of statement.

And a Gallaher spokesman said at the time that the new laws would limit their ability to compete, acquire market share or to introduce new products to the Irish market.