Tobacco Ad Ban Upheld By Court

The Government’s plan to ban tobacco advertising has been ruled legal by a court this morning, following an appeal by the tobacco industry. The ban on all tobacco advertising in the UK was intended to come into force on 10 December (see Government Sets A Date For Cessation Of Tobacco Advertising), but an appeal by the industry has upheld its implementation.

The Court of Appeal today ruled against the tobacco industry, saying that the Government’s plans to impose a ban were not unlawful. However, the ban is likely to be delayed further as the appeal is now to be taken to the House of Lords.

The tobacco manufacturers have argued that their legal claims should be heard before a ban can be introduced. The manufacturers are currently awaiting a ruling by the European Court of Justice (ECJ) on the validity of the European Tobacco Advertising Directive. It is on this directive that the UK Government’s ban has been based.

The Department of Health is describing the ruling as a victory for public health. The chief executive of the Tobacco Manufacturers’ Association, David Swan, said: “…Lord Justice Laws went as far as to say that the Directive was “plainly unlawful”. We are confident that the ECJ will agree when it rules on the validity of the Directive towards the end of next year.”

If the ECJ rules against the directive the Government would have to pass its own primary legislation to impose the ban.