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by | November 26, 2004 | Uncategorized

Restrictions on Tobacco Adverts not a breach of Human Rights

Strict limits on the tobacco advertising at the point of sale will come into place in December in the UK after tobacco companies failed a high court bid to overturn the restrictions.

Under the new regulations only one A5 sized (14.8cm x 21cm) advertisement will be allowed at the point of sale – regardless of how many brands the establishment stocks.

Furthermore the advert will have to contain a health warning occupying 30% of the surface area and all other forms of advertising such as tobacco branded shelving will be banned.

Lawyers representing a number of tobacco companies [[The case was brought to the high court in London by British American Tobacco, Imperial Tobbacco, Gallaher, Philip Morris and French manufacturer Societe Nationale D’Exploitation Industrielle des Tabacs et Allumettes (SEITA) along with vending machine operator Cherwell Tobacco.]] argued that the restrictions were a breach of article 10 of the European Convention on Human Rights guarenteeing personal and commercial freedom of speech.

This argument was rejected by Mr Justice McCombe who referring to the introduction of the restrictions said “Given the enormous health risks and economic costs to society caused by smoking tobacco and a substantial weight of expert opinion as to the effects of advertising, I believe it to have been a responsible and proportionate step.”

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