The tobacco company which planned to distribute more than 5,000 free cigarettes to university students at a ball in Dublin last night may face prosecution and a fine of up to £10,000 for contravention of tobacco regulations. A Government spokesman said last night that the distribution of free cigarettes was banned under the law covering advertising, sponsorship and sales promotion. The Minister for Health, Mr Cowen, was dissatisfied with the conduct of the industry, and appropriate action would be taken against the person or persons responsible.
Last night officials from the Eastern Health Board attended the UCD Law Society Ball to ensure that no free cigarettes were given out by P.J. Carroll's Tobacco Ltd. Following a report about the free cigarettes in The Irish Times yesterday, complaints were made by the Department of Health, the Eastern Health Board and antismoking groups, all pointing out that such sponsorship was illegal. The tobacco company refused to make any comment last night.
The Department of Health is to investigate further sponsorship arrangements between the tobacco industry and student societies as other student events have been sponsored in the same manner.
A UCD Law Society statement yesterday said that following independent legal advice it was told the arrangement to give free cigarettes at the function was illegal.
The society said sponsorship had been secured with P.J. Carroll's Tobacco Ltd earlier this year. The arrangement entailed tobacco products being made available free of charge at the ball.
"As such arrangements have been made in the past between tobacco companies and numerous student societies in UCD, problems with continuing this practice were not foreseen."
Last week the legality was questioned and after obtaining preliminary legal advice the Law Society was informed that "any possible legal burden lay with the tobacco company involved. In light of this advice it was believed that all sponsorship arrangements lay within the confines of the law."
The Irish Cancer Society (ICS) was critical of the plan to give out the free cigarettes. Its chief executive, Mr Barry Dempsey, said last night that he was very pleased the society had decided not to. ASH, the anti-smoking group, said it was deeply concerned about the sponsorship. It was a "very definite breach" of sponsorship regulations and should be immediately investigated by the Department of Health.
Dr Fenton Howell, an ASH board member, said there was clear evidence emanating from the US litigation proceedings involving the tobacco industry that young people were being targeted.
"We must ensure that legislation is forcefully implemented in relation to the tobacco industry, as they continually look for new ways to push their products. In cases where legislation is not protecting our young people we must move quickly and reinforce the regulations.
"There is only one solution and that is the total ban on all advertising and sponsorship. The Government should implement this immediately, and not wait for the EU."
The auditor of the Law Society, Mr Andrew Fitzpatrick, said the society decided to accept the arrangement as members had thoroughly debated it last Thursday and opted to accept the sponsorship.
"However, as the society was not aware at that point that the arrangement was illegal, we have decided to sever all ties with Carroll's. I will not accept sponsorship from Carroll's or any other tobacco companies during the remainder of my term of office."
Meanwhile the UCD Student Union president, Mr John Nisbet, said the union had no plans to review a three-year sponsorship deal with the Gallaher tobacco company involving refurbishment of union shops and office space, despite fears that it may also be illegal. Sponsorship for other functions, he said, such as the Christmas Ball, would be reviewed.