Three leading tobacco companies of Canada have moved to the Supreme Court for looser restriction on tobacco advertising. These tobacco companies has argued that the present law is so vague that it tantamount to a total ban and consequently violating the companies’ constitutional right to advertise. According to the present federal Tobacco Act, cigarette companies can advertise in adult-only public places, in certain magazines, and through direct mail.
According to the lawyers representing tobacco companies, ‘to imagine an ad that can’t be construed to be appealing to someone who is 17 years old is seems to be almost impossible.’ They further argue that the term ‘construed’ is entirely subjective.
In the meanwhile Canadian Cancer Society came out to contend in favor of the law. The lawyer representing the society has argued, ‘any restrictions on free speech in the bill are justified because they help the law do what it was written to do; that is, to sensitize Canadians to the dangers of smoking and to prevent further addiction.’
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