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| Friday, October 29, 1999 Published at 10:27 GMT 11:27 UKHealth Tobacco ad ban setback ![]() The government wants to ban all tobacco advertising Tobacco companies have succeeded in blocking the UK Government's moves to ban their advertising without waiting for a European court ruling on whether or not the ban was lawful. The government had wanted to implement the European Tobacco Advertising Directive, even though the measure was still being challenged in the European Court of Justice.
Waiting period
Speaking after the ruling, Paul Sadler of Imperial Tobacco said: "We are pleased that the court has ruled in our favour. "It is a pity that we had to take this action.
The tobacco companies had said that the UK does not have to implement the ban until July 2001, and so should wait until the European Court made its ruling. 'Huge impact' The directive as it stands would have a huge impact on all those involved in the tobacco trade, from manufacturers to local shop owners, and that was why the companies were challenging it in Europe, they said.
However, Mr Justice Turner said it was "strongly arguable" that the tobacco companies would succeed in their European challenge, and so the government should not introduce any regulations until then. He said companies and individuals who were engaging in "a lawful, if from the point of view of public health, undesirable trade" may suffer irrecoverable losses were the UK to introduce legislation that eventually turned out to have no legal validity. Individuals may even lose their jobs, he said. Health considerations The government had argued that it was both in the national interest and in accordance with its manifesto pledges to implement the directive at a time of its choosing. But Mr Justice Turner said this was no answer in law, and although he recognised the health benefits of the ban, the effect of a delay was unlikely to be significant. The European case is expected to reach its conclusion some time towards the end of next year.
Health Secretary Alan Milburn said: "I am appalled that the tobacco companies are trying to undermine a clear manifesto commitment for which there is such widespread public support." However, shadow health secretary Dr Liam Fox said: "(The) court ruling calls into question once again the competence of this Labour government. "The finger is increasingly pointing at a Government that knows very little about governing at all." | Health Contents
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