bat south africa - British American Tobacco South Africa's constitutional challenge
The High Court Challenge:
The National Council Against Smoking (NCAS) press release regarding our intentions behind the Constitutional Challenge launched in the North Gauteng High Court in Pretoria, against certain provisions of the recently proclaimed Tobacco Products Control Amendment Act No 63 of 2008 - is deliberately mischievous, provocative and misleading. Although, this is a matter between British American Tobacco South Africa and the Department of Health, we believe that sensationalising the issue in the media will not help to reach an amicable solution. To the contrary, it will only serve to further mislead the public.
The British American Tobacco Group has not taken any legal action anywhere in the world in relation to tobacco advertising bans. The Constitutional challenge in the South African high court is an attempt to defend our right as a manufacturer of a legal product to be able to communicate with our existing adult consumers. We do not and will not at any time in the future under any circumstances market to children. Smoking is risky and we agree that the sale and consumption of tobacco products must be regulated and in particular we support the ban of tobacco products to the under-aged. We have, on numerous occasions, engaged with various regulators including the Department of Health, regarding our constitutionally entrenched right to communicate with existing adult tobacco consumers. Legal action was the last resort. Our preference is still to resolve the matter amicably and through negotiation but at this stage we have no option but to litigate.
One to one communication, which is the issue we are challenging, does not refer to parties or any other events. It is one of the remaining avenues of communication which enables consenting adult consumers of our products to receive information from us about a product or brand they have chosen to purchase. In our court application, we have recommended that the DoH even regulates how we conduct this communication.
In recent developments, the North Gauteng High Court has given the week of the 20 September as the hearing date.
For more information, please contact our Head of Communiactions:
Itumeleng Langeni
Communications Manager
+27 21 888 3142
+27 83 474 1645