Philip Morris fights bill for new Finnish tobacco law

Tobacco company appeals to Chancellor of Justice

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The American tobacco products manufacturer Philip Morris is taking extraordinary measures to prevent the passage of a bill for a new law on tobacco.
      In November 2009 the company filed a complaint with the Finnish Chancellor of Justice over procedures taken by the Ministry of Social Affairs and Health in preparations for a new tobacco law.
      In its complaint, the tobacco giant asked the Chancellor of Justice to propose that the President not sign the bill into law if Parliament passes it.
     
The proposal for a new tobacco law has been examined by Parliament’s Constitutional Law Committee, which has heard comments from representatives of various ministries, as well as experts specialised in questions of fundamental rights.
      The committee’s chairman Kimmo Sasi (Nat. Coalition Party) said on Monday that a draft would be ready before Parliament’s Easter break, and that the committee will decide on its policy lines during the spring.
     
The core of the dispute is the future of selling tobacco as a means of livelihood. The bill states clearly that the aim of the law is to eliminate smoking from Finland.
      Philip Morris says that this angle was not brought forward in the report in which various interested parties were asked for statements.
      The current law has reducing smoking as its stated goal, but not its elimination.
     
Philip Morris also feels that the government’s proposal violates both the Finnish constitution and EU law.
      A key argument focuses on a ban on having tobacco products out on display.
      Under the proposal, packages of cigarettes should no longer be kept on display at points of sale; customers would have to ask for cigarettes at the cashier. The aim of this would be to keep tobacco products out of the sight of children to prevent them from starting smoking.
     
According to the tobacco giant, experiences from other countries show that such bans have had no impact on smoking by young people, or the health effects of smoking in general.
      Philip Morris also feels that in addition to being ineffective, such a ban would violate the protection of property. A company would be unable to take advantage of its brands if customers were not able to see them.
     
The Ministry of Social Affairs and Health said in a statement issued to the Chancellor of Justice, that it had asked for comments from affinity groups in the normal manner.
      On the proposal to ban displays of tobacco products, the ministry notes that combined with other measures, the ban would decrease smoking among the population, even though it is not possible to separate its impact from those of other tobacco policy measures.
     
In Norway Philip Morris filed a suit against the Norwegian government, citing a conflict between freedom of enterprise and expression, and promoting life and health.
      Last autumn Philip Morris sued the Irish government over Ireland’s ban on cigarette displays, which took effect in July 2009.


Previously in HS International Edition:
  Retailers group against tighter law on tobacco products (13.5.2009)
  Ministry official: no blanket censorship of smoking images (9.2.2009)
  Finland considers further tightening of Tobacco Act (5.2.2009)

Helsingin Sanomat