-Odunayo Abiodun
A joint suit filed by the Lagos State Government and the Environmental Rights Action/ Friends of the Earth Nigeria (ERA/FOEN) against five tobacco companies was brought before a Lagos High Court on Monday.
The claimants jointly instituted the action against the tobacco companies - British American Tobacco (Nigeria) Limited, International Tobacco Limited, British American Tobacco Plc and British American Tobacco Investment Limited - on the ground that tobacco smoking has severe health implications including but not limited to cancer, cardiovascular and pulmonary complications, noting that the defendants have recently admitted these facts.
At the resumed hearing of the suit before Bukola Adebiyi, the counsel to the claimants, O. Akinosun moved his application asking for extension of time to file his reply to the request for stay of proceeding in the matter by the defendants.
The defendants did not oppose the application; but they noted that the reason given for the delay was not contained in the affidavit attached to the application.
Mr. Adebiyi, however granted that application and she further adjourned the hearing in the matter until February 9, 2010.
A joint suit filed by the Lagos State Government and the Environmental Rights Action/ Friends of the Earth Nigeria (ERA/FOEN) against five tobacco companies was brought before a Lagos High Court on Monday.
The claimants jointly instituted the action against the tobacco companies - British American Tobacco (Nigeria) Limited, International Tobacco Limited, British American Tobacco Plc and British American Tobacco Investment Limited - on the ground that tobacco smoking has severe health implications including but not limited to cancer, cardiovascular and pulmonary complications, noting that the defendants have recently admitted these facts.At the resumed hearing of the suit before Bukola Adebiyi, the counsel to the claimants, O. Akinosun moved his application asking for extension of time to file his reply to the request for stay of proceeding in the matter by the defendants.
The defendants did not oppose the application; but they noted that the reason given for the delay was not contained in the affidavit attached to the application.
Mr. Adebiyi, however granted that application and she further adjourned the hearing in the matter until February 9, 2010.
Allegations
The claimants had alleged that, in spite of the obvious knowledge of the adverse effect of their product, the defendants have fraudulently targeted young and underage people in their advertising and marketing.
They claimed that, through the use of market surveys and sophisticated advertising, the tobacco companies have utilised such means as music, cinema and fashion, to attract young and underage persons to smoking.
They submitted further that the mandatory health warnings inscribed on their packs are ineffective as the defendants promote a retail strategy of sale by the stick whereas the individual sticks that most consumers purchase have no such warning.
The claimants' causes of action are based on negligence, public nuisance, restitution, strict liability, and conspiracy to commit actionable wrongs, among others. It was contended that the overall effect of the defendants' course of conduct is that the state government is called upon to expend its resources in treating tobacco related ailments caused by the use of defendants' products, maintaining that the state government spends at least N316, 000 per month on each of these ailments.
The claimants had alleged that, in spite of the obvious knowledge of the adverse effect of their product, the defendants have fraudulently targeted young and underage people in their advertising and marketing.
They claimed that, through the use of market surveys and sophisticated advertising, the tobacco companies have utilised such means as music, cinema and fashion, to attract young and underage persons to smoking.
They submitted further that the mandatory health warnings inscribed on their packs are ineffective as the defendants promote a retail strategy of sale by the stick whereas the individual sticks that most consumers purchase have no such warning.
The claimants' causes of action are based on negligence, public nuisance, restitution, strict liability, and conspiracy to commit actionable wrongs, among others. It was contended that the overall effect of the defendants' course of conduct is that the state government is called upon to expend its resources in treating tobacco related ailments caused by the use of defendants' products, maintaining that the state government spends at least N316, 000 per month on each of these ailments.
Claims
Consequently, the claimants wants an order of mandatory injunction compelling the defendants, their successors-in-title, privies and or agents to cease the marketing, promotion, distribution and sale of tobacco-related products to minors or under aged persons.
An order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of eighteen, any alluring and or misleading image regarding tobacco related products whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding and or through overt or covert and or subliminal means.
Furthermore, the claimants asked for an order of mandatory injunction restraining the defendants from marketing, distributing, selling, or putting into the stream of commerce either by themselves or through their distributors, agents, resellers, trade partners, marketers, and or any other person, any tobacco related products of whatever make or brand within a one thousand (1000) metre radius of any schools, hospitals, cinemas, playhouses or locations, children's shopping areas, childcare facilities or such other public places in Lagos State, which are predominantly a location for minors and young persons under eighteen (18) years old to "hang out", play, assemble, congregate for any purpose whatsoever including but not limited to educational, recreational, social, religious, sports or any other purposes.
In addition, they urged the court to grant an order of mandatory injunction compelling the tobacco companies to fund a tobacco control programme to be administered and controlled by an independent third party who is to be appointed by the Lagos State government, targeted at minors and young persons under eighteen (18) years old.
They also want a declaration of the court that the tobacco related products as manufactured, marketed, promoted, distributed and sold by the defendants are addictive and a declaration of the court that the tobacco related products as manufactured, marketed, promoted, distributed and sold by the defendants are hazardous and injurious to the public health.
Consequently, the claimants wants an order of mandatory injunction compelling the defendants, their successors-in-title, privies and or agents to cease the marketing, promotion, distribution and sale of tobacco-related products to minors or under aged persons.
An order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of eighteen, any alluring and or misleading image regarding tobacco related products whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding and or through overt or covert and or subliminal means.
Furthermore, the claimants asked for an order of mandatory injunction restraining the defendants from marketing, distributing, selling, or putting into the stream of commerce either by themselves or through their distributors, agents, resellers, trade partners, marketers, and or any other person, any tobacco related products of whatever make or brand within a one thousand (1000) metre radius of any schools, hospitals, cinemas, playhouses or locations, children's shopping areas, childcare facilities or such other public places in Lagos State, which are predominantly a location for minors and young persons under eighteen (18) years old to "hang out", play, assemble, congregate for any purpose whatsoever including but not limited to educational, recreational, social, religious, sports or any other purposes.
In addition, they urged the court to grant an order of mandatory injunction compelling the tobacco companies to fund a tobacco control programme to be administered and controlled by an independent third party who is to be appointed by the Lagos State government, targeted at minors and young persons under eighteen (18) years old.
They also want a declaration of the court that the tobacco related products as manufactured, marketed, promoted, distributed and sold by the defendants are addictive and a declaration of the court that the tobacco related products as manufactured, marketed, promoted, distributed and sold by the defendants are hazardous and injurious to the public health.
