Introduction
In 1999 the WHO Director General Dr Gro Brundtland stated that the time had come for tobacco products to be judged for what they are - nicotine delivery devices - rather than what they are made out to be by the tobacco industry. Cigarettes are one of the most highly engineered consumer products available and regulation of the tobacco industry is long overdue. For decades the tobacco industry has subverted science and used false advertising and promotional tactics to veil nicotine addiction as an act of free choice.
The ASH Scotland report: The unwelcome guest: how Scotland invited the tobacco industry to smoke outside exposes the tactics used by the Tobacco Industry and its associates to oppose smoke-free legislation in Scotland. Also see our follow-up report (2007)on achieving Scotland's smoke-free success.
In 1999-2000, the House of Commons Health Select Committee carried out an inquiry into the UK tobacco industry and the health risks of smoking. Their final report, published in June 2000, concluded: "We believe that the extraordinarily dangerous nature of the product being marketed means that tobacco companies cannot expect to operate in the same commercial environment as most other industries."
European and UK Legislation
In recent years the European Parliament has introduced 2 Directives to regulate tobacco products. The Labelling Directive aimed to improve public knowledge about the composition and health effects of tobacco products and became UK law on 31 December 2002. Whilst the Directive on Advertising and Promotion, which sought to restrict tobacco advertising in the media, at point of sale outlets, and through brandsharing and sponsorship, became law on 31 July 2005.
Product liability - Scottish legal case
In January 1993, Alfred McTear of Beith, a 60-a-day smoker dying from lung cancer, started legal action against Imperial Tobacco for failing to put warnings on its cigarette packets in the 1960s. He started smoking in 1964, seven years before health warnings appeared. The claim for £500,000 damages from Imperial is the first action of its kind in Scotland. Following Mr McTear's death in March 1993, aged 48, his widow Margaret has taken forward the legal action. Her law firm Ross Harper & Murphy have taken the case on a 'no-win, no-fee' basis following the decision of the Legal Aid Board to refuse legal aid.
Mrs McTear's case was heard by the Court of Session and on May 31st 2005, Lord Nimmo Smith delivered his verdict. In his opinion he ruled that Imperial were not responsible for the death of Alfred McTear.
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