Tobacco firms launch legal challenge vs report

Copyright 1998 Reuters
June 3, 1998


LONDON, June 3 (Reuters) - Britain's tobacco companies said on Wednesday they had launched leading a legal challenge against what they said was a flawed official report that made recommendations to government on the dangers of smoking.

In a joint statement, B.A.T Industries Plc, Gallaher Group Plc, Imperial Tobacco Group Plc and Rothmans (UK) said they had applied for a judicial review of the process which led to the report of the Scientific Committee on Tobacco and Health (SCOTH), published in March.

SCOTH advises the ruling Labour government's Department of Health on tobacco issues.

The companies contend that SCOTH failed to consult the tobacco industry and experts, so that many of the report's conclusions are "unsubstantiated and flawed."

"The tobacco companies hope that the courts will instruct SCOTH to revise or withdraw its report, and that the government will not use (it)," said the four in a statement.

"Whatever one's views on smoking, an official scientific committee giving policy advice on tobacco has a duty to consider objectively all the evidence, including representations from tobacco companies," said Dr Chris Proctor, head of science and regulation at B.A.T.

The tobacco industry in Britain has had an excellent record of working with government for 25 years, said the companies, which has delivered voluntary curbs on advertising, labelling and sponsorship.

But this "co-operation and consultation" did not take place on most of the issues covered by the report.

This was despite the fact that the tobacco manufacturers association provided a scientific review on the one subject on which it was approached, namely environmental tobacco smoke and lung cancer, they said.

"The tobacco industry, like any other business, is entitled to basic rights under our law. When procedures fail, as they have here, we have little option but to resort to the courts," said Gallaher chairman Peter Wilson in the statement.

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