Response to judgment in the judicial review of the POS Regulations

The High Court today rejected a judicial review brought by a number of tobacco companies of the Tobacco Advertising and Promotion (Point of Sale) Regulations 2004, which are due to come into force on 21 December 2004.

The companies had applied for a judicial review of the POS Regulations because they believe the Regulations will prevent meaningful or effective communication, which would provide smokers with a reasonable level of information about the products before they buy and will inhibit competition in the market, particularly from foreign manufacturers.

Announcing his decision Mr Justice McCombe said he had rejected the claimants’ application on the grounds that the Secretary of State for Health was entitled to a wide discretion in deciding how best to meet the public health objective and that, taken in the context of the wider scheme of advertising restrictions, the POS Regulations were not disproportionate to that objective.

Tim Lord, Chief Executive of the Tobacco Manufacturers’ Association (TMA), the majority of whose members were party to the action, said that a decision on whether to continue with an appeal will be made in due course.

Mr Lord said “We remain very concerned that these Regulations will prevent smokers from receiving a reasonable level of information about products. However, the companies will work closely with retailers to implement the Regulations by the date set.”

Ends

Notes to editors:

This press release represents the views of our principal members who are Imperial Tobacco, Gallaher Tobacco and British American Tobacco.

Contact:
TMA
Mrs Gill Silverman
e gsilverman@the-tma.org.uk
t 020 7544 0108 Bottom of Form