MONTREAL – Imperial Tobacco has launched a legal challenge of song of Quebec’s tobacco-control law and it is asking the court to strike them recorded on constitutional grounds.
The company has filed an application for judicial review with Quebec Superior Court, saying various aspects of the legislation are punitive.
In its court action, dated last Friday, Imperial argues a piece spelling out health warnings on packaging goes beyond federal government requirements.
The company also says prohibiting advertising to tobacco stores only serves to undermine their ability to market their products.
And Imperial contends Quebec’s prohibition of flavoured tobacco and menthol cigarettes will just help fuel the contraband trade.
The Quebec law came into effect after November, although certain provisions, such as the menthol ban, enter into force later this year.
“We believe that Bill 44 and its measures infringe on our rights and freedoms as guaranteed by the Canadian and Quebec charters,” Imperial spokesman Eric Gagnon said within an interview Tuesday.
“We continue to support reasonable and evidence-based regulation. We shared that with the government whenever we took part in public consultations.”
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In addition to banning flavoured tobacco, including menthol, the legislation also covered several related issues: illuminating on restaurant patios, smoking inside vehicles with minors and selling e-cigarettes.
Canada’s largest tobacco company suggests most of the provisions were hastily added on just before the bill applied for law and that a number of them violate the Montreal-based firm’s charter rights.
Imperial is already challenging Nova Scotia’s menthol cigarette ban, which came into effect in May 2015, arguing the province exceeded its legal authority using the decision.
The proceed to prohibit menthol cigarettes has picked up steam previously year. Three Canadian provinces – Nova Scotia, Alberta and New Brunswick – actually have bans in place and Quebec will join that group in November, with Ontario following in January 2017.
Prince Edward Island is also working on one.
The Canadian Cancer Society’s Rob Cunnigham calls Imperial Tobacco’s law suit a pr exercise and notes that provinces possess the right regulate products.
“Menthol is very popular among youth also it makes it easier for children to experiment and get addicted so, for all of us, a ban on menthol is an essential strategy to help reduce smoking – especially youth smoking,” Cunningham said.
“These laws are important from a public health perspective.”
Imperial vice-president Tamara Gitto said inside a statement the firm recognizes the health risks related to smoking and supports fact-based regulation, but that it’ll oppose anything deemed excessive regulation that infringes on the company’s constitutional rights.
No date continues to be looking for the Quebec court challenge.
