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TOBACCO COS. BATTLE ADVERTISING LAW AT SCOC


Canada's three major cigarette companies pushed for more advertising leeway Monday as they challenged the Tobacco Act before the Supreme Court of Canada.

The big three -- Imperial Tobacco, JTI Macdonald, and Rothmans, Benson & Hedges -- say current legislation is so vague that it can be interpreted as a total advertising ban.

Simon Potter, a lawyer representing Imperial Tobacco, told the court that the law forbids any ad that could be interpreted as appealing to youth.

However, ads clearly aimed at adults could be "construed" as appealing to youth, something that would be enough to render it illegal.

"To imagine an ad that can't be construed to be appealing to someone who's 17 years old, in my estimation, is impossible," Potter told the court. "The world 'construed' is entirely subjective."

He asked the court to clarify the framework in which the companies could advertise.

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