Imperial Tobacco challenges Quebec law banning flavoured tobacco, menthol cigarettes

MONTREAL – Imperial Tobacco has launched a legitimate challenge of song of Quebec’s tobacco-control law and it is asking the court to strike them recorded on constitutional grounds.

The company has filed an application for judicial review with Quebec Superior Court, saying various elements of the legislation are punitive.

In its court action, dated last Friday, Imperial argues a section spelling out health warnings on packaging goes beyond authorities requirements.

The company also says prohibiting advertising to tobacco retail outlets only serves to undermine remarkable ability to sell many.

And Imperial contends Quebec’s prohibition of flavoured tobacco and menthol cigarettes will just help fuel the contraband trade.

The Quebec law arrived to effect after November, although certain provisions, such as the menthol ban, come into force later this season.

“We believe that Bill 44 and it is measures infringe on our rights and freedoms as guaranteed by the Canadian and Quebec charters,” Imperial spokesman Eric Gagnon said within an interview Tuesday.

“We still support reasonable and evidence-based regulation. We shared by using the government whenever we took part in public consultations.”

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In accessory for banning flavoured tobacco, including menthol, the legislation also covered several related issues: lighting up on restaurant patios, smoking inside vehicles with minors and selling e-cigarettes.

Canada’s largest tobacco company suggests many of the provisions were hastily added on right before the balance entered into law and that some of them violate the Montreal-based firm’s charter rights.

Imperial is already challenging Nova Scotia’s menthol cigarette ban, which came into effect in May 2015, arguing the province exceeded its legal authority using the decision.

The move to prohibit menthol cigarettes has picked up steam in the past year. Three Canadian provinces – Quebec, Alberta and New Brunswick – actually have bans in position and Quebec will join that group in November, with Ontario following in January 2017.

Prince Edward Island is also focusing on one.

The Canadian Cancer Society’s Rob Cunnigham calls Imperial Tobacco’s law suit a pr exercise and notes that provinces have the right regulate products.

“Menthol is very popular among youth and it makes it easier for children to experiment and obtain addicted so, for all of us, a ban on menthol is a vital technique to reduce smoking – especially youth smoking,” Cunningham said.

“These laws are important from the public health perspective.”

Imperial vice-president Tamara Gitto said inside a statement the firm recognizes the risks related to smoking and supports fact-based regulation, but that it’ll oppose anything deemed excessive regulation that infringes around the company’s constitutional rights.

No date has been looking for the Quebec court challenge.