A number of tobacco companies and firms involved in the sale and distribution of smokers' accessories have taken a High Court challenge to "draconian" new legislation banning the advertising of tobacco products, outlawing sponsorship of events by tobacco companies and imposing strict regulations on the sale and distribution of tobacco products.
The companies claim the Public Health (Tobacco) Act, 2002, which was signed by the President on March 27th but the bulk of which has not yet been enacted, represents the "most draconian, strict restrictions imposed by any Western country in relation to cigarettes". They say it is unconstitutional, in breach of the EC Treaty and will have drastic financial consequences for them.
Yesterday, Mr Diarmaid McGuinness SC, for the Minister for Health and Children and for the State, said they will argue the legislation is "appropriate, proportionate and justified. The cost in deaths, illness and loss to society was the justification for the restrictions.
The matter was before Mr Justice Kelly through an application by Mr Dermot Gleeson SC, for the companies, for an early hearing. He said a statement of claim had been filed on June 26th.
Mr Justice Kelly said the litigation should be progressed expeditiously. The Minister, Ireland and the Attorney General and the Office of Tobacco Control should file their defences by September 20th. He listed the matter for further direction on October 14th.
