Johannesburg - British American Tobacco SA (Batsa) has launched a court
challenge to anti-smoking legislation, the National Council Against
Smoking said on Wednesday.
It said Batsa had filed an application in the North Gauteng High
Court complaining that the law stopped it from communicating with
adult smokers.
It was asking the court to interpret the legislation so as to
allow one-to-one communications between the tobacco trade and those
smokers.
Alternatively, it wanted the ban on one-to-one communication
declared unconstitutional as a violation of the right to freedom of
expression.
"Such a contorted interpretation would expressly disregard the
direct intentions of Parliament," the council said in a statement.
It said last year Parliament amended the Tobacco Products
Control Act to outlaw the "smoking parties" organised by the
industry.
The change came into operation in August this year.
One-to-one communication would mean in practice that the
industry would be able to use techniques known as viral or
guerrilla marketing to target teenagers.
The section being challenged was specifically designed to
protect youth from advertising campaigns designed to get them to
start smoking or to smoke more.
The council said the purpose of the "smoking parties" was not to
convey accurate, factual information about tobacco products such as
the price, but to make smoking appear a social, cool, fun and
exciting experience, and so increase sales.
"Increased cigarette sales mean increased death and disease,"
the council said.
- Sapa