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.