TOBACCO ADVERTISING IS BACK
By Adnews Staff
After yesterday's Supreme Court of Canada's decision striking down a seven-year-old federal prohibition of tobacco advertising, cigarette companies are moving gingerly and Health Canada authorities are trying to figure out what to do. In a 5-4 decision, the judges of Canada's highest court struck down the sections of the Tobacco Products Control Act that prohibit advertising of tobacco products and allow the government to require warnings on cigarette packages. The judges declared the sections were an infringement of freedom of expression guaranteed by the Charter of Rights and Freedom. A tobacco industry spokesman said the cigarette companies intend eventually to run advertising aimed at encouraging brand switching among people who are already smokers. An RJR-Macdonald spokesperson told Adnews that the company would consult with the government before running any ads. Company president Pierre Brunelle said in a release, "The final judgement is very complex and the company will have to consider it very carefully before commenting further. However, through our industry association we have informed government authorities of our willingness to discuss with them the practical implications of this historic decision." Imperial Tobacco officials were unavailable for comment. RJR and Imperial, both based in Montreal, launched the legal challenge to the federal tobacco legislation that the Supreme Court ruled on yesterday. Imperial's ad agency is Armada Bates, the Montreal arm of Toronto-based Bates Canada. RJR has The Sharpe/Blackmore Partnerships of Toronto, a subsidiary of DDB Needham Worldwide. The door is still open for anti-tobacco legislation. The judges did not say the government has no right to make such laws. They said the parts of the Tobacco act that were struck down were written the wrong way and pointed out where mistakes were made. A Health Canada spokesperson said that the federal department was combing through the lengthy judgement before issuing a response. Health Canada officials recently turned down a free offer of a hard-hitting anti-tobacco campaign from the U.S. which strikes out at cigarette companies. The Canadian officials said that this would not work in Canada where anti-smoking advertising uses a more subdued approach to point out the harmful effects of smoking. Taking a direct swing at tobacco companies was not deemed necessary because they weren't advertising in Canada. Some people would disagree on this point, saying that cigarette makers have gained plenty of notice for their products through corporate sponsorship of sporting and cultural events, something not prohibited by the Tobacco act. Health Canada agencies are Palmer-Jarvis Advertising in Vancouver, Communications bleu blanc rouge in Montreal and a consortium led by Communications Jean Lafleur.