Tuesday, April 13, 2010
Anti-Smoking Bill: How Senate saved .6m jobs
By Oseheye Okwuofu
The Senate says it saved over 600,000 jobs through the Anti-Smoking Bill.
Chairman, Senate Committee on Industries, Kamoru Adedibu, spoke at the weekend in Iseyin, in Oyo State.
Adedibu said 600,000 workers would have lost their jobs.
The senator spoke after presenting a tractor to a farmer in the Farmers’ Tractor Scheme of the British American Tobacco Iseyin Agronomy (BATIA).
He said the Senate reduced the tax regime which had scared away investors.
Adedibu said the Senate also reviewed the bail-out for the textile industries from N200 billion to N300 billion.
"Instead of closing down the tobacco companies, we can regulate the consumption of alcohol in the country, because the closure could affect the lives and fortunes of some people’’, he said.
He advised beneficiaries of the tractor scheme to pay on time to allow others benefit.
Adedibu commended BATIA for contributing to the nation’s economic growth.
Earlier, Head of Leaf BATIA, Thomas Omofoye, said the Iseyin Agronomy has support 850 registered tobacco farmers.
He said 12 farmers have benefited since its inception 10 years ago.
"This is in line with our belief that our business partners should have the opportunity to benefit from their relationship with us’’, Omofoye said.
The Senate says it saved over 600,000 jobs through the Anti-Smoking Bill.
Chairman, Senate Committee on Industries, Kamoru Adedibu, spoke at the weekend in Iseyin, in Oyo State.
Adedibu said 600,000 workers would have lost their jobs.
The senator spoke after presenting a tractor to a farmer in the Farmers’ Tractor Scheme of the British American Tobacco Iseyin Agronomy (BATIA).
He said the Senate reduced the tax regime which had scared away investors.
Adedibu said the Senate also reviewed the bail-out for the textile industries from N200 billion to N300 billion.
"Instead of closing down the tobacco companies, we can regulate the consumption of alcohol in the country, because the closure could affect the lives and fortunes of some people’’, he said.
He advised beneficiaries of the tractor scheme to pay on time to allow others benefit.
Adedibu commended BATIA for contributing to the nation’s economic growth.
Earlier, Head of Leaf BATIA, Thomas Omofoye, said the Iseyin Agronomy has support 850 registered tobacco farmers.
He said 12 farmers have benefited since its inception 10 years ago.
"This is in line with our belief that our business partners should have the opportunity to benefit from their relationship with us’’, Omofoye said.
SOURCE
Monday, April 12, 2010
Anti-smoking Bill Dead, Says Adedibu
Chairman, Senate Committee on Industries, Senator Kamoru Adedibu has hinted that the much-touted Anti-smoking Bill, which has entered the third reading stage at the upper legislative house, is dead.
Adedibu, who spoke with newsmen in Iseyin, Oyo North senatorial district expressed fear that the success of the bill could impact negatively on the socio-economic fortunes of the country.
Speaking shortly after presenting key of a tractor to a farmer in the Farmers' Tractor Scheme of the British American Tobacco Iseyin Agronomy (BATIA), argued that the rate of unemployment coupled with the downturn in the nation's economy were not favourable on the timing of the bill.
He stated that the upper legislative chamber in order to facilitate investment friendly environment has reduced the prohibitive tax regime, which hitherto has been scaring investors away from the country.Adedibu contended that the Senate has also reviewed upward the bail out for the textile industries, which has been allegedly hanging between the Federal Ministry of Finance, the Central Bank of Nigeria (CBN) and the Bank of Industries (BOI) from N200 billion to N300 billion.
He hinted that the success of the bill could spell doom for about 600,000 workers who are eking their living from the tobacco companies in the country.
“Instead of closing down the tobacco companies, we can regulate the consumption of alcohol in the country because the closure could affect the lives and fortunes of some people.He advised the beneficiaries of the tractor scheme to ensure prompt repayment of the money to allow other farmers benefit from the scheme.
Adedibu commended BATIA for contributing to the economic growth of the country with its employment status of Nigerians and assured that the country has benefited immensely from the establishment of the tobacco company in the country.Earlier in his speech, the Head of Leaf BATIA, Thomas Omofoye hinted that the Iseyin Agronomy has provided direct support to some 850 registered tobacco farmers.
Friday, April 9, 2010
Will ban on cigarette logo stop smoking?
By Imaobong Udo
GOVERNMENTS across the globe have continued to take concrete steps to reduce deaths associated with cigarette smoking.
For instance, the United Kingdom (UK) is planning to ensure that cigarettes are sold in plain packets under new plans to halve the number of people who smoke.
The UK Health Secretary, Mr Andy Burnham, said the government would reduce the number of nicotine addicts by eight to four million in the next 10 years.
He said: “Now that we have banned advertising and will soon see an end to attractive displays in shops, the only remaining method of advertising tobacco is the packaging. So, we will carefully consider whether there is evidence for making tobacco companies use plain packets.”
He added that the packets would only show the brand name in text.
The UK Government also wants to target the estimated 200,000 young people who take up smoking every year.
Burnham said: “Government should and will do everything in its power to protect young people.”
The World Health Organisation (WHO) estimated that tobacco caused 5.4 million deaths in 2004 and 100 million deaths over the course of the 20th century.
Similarly, the United States Center for Disease Control and Prevention described tobacco use as the single most important preventable risk to human health in developed countries which also include about 600,000 premature deaths per year, numerous crippling illnesses and economic losses.
According to WHO, smoke contains several carcinogenic pyrolytic products that bind to DNA and cause many genetic mutations. There are over 19 known chemical carcinogens in cigarette smoke. Tobacco also contains nicotine, which is a highly addictive psychoactive chemical. When tobacco is smoked, nicotine causes physical and psychological dependency. Tobacco use is a significant factor in miscarriages among pregnant smokers, it contributes to a number of other threats to the health of the foetus such as premature births and low birth weight and increases by 1.4 to 3 times the chance for Sudden Infant Death Syndrome (SIDS).
The effects of smoking on human health are serious and in many cases, deadly. There are approximately 4,000 chemicals in cigarettes, hundreds of which are toxic. The ingredients in cigarettes affect everything from the internal functioning of organs to the efficiency of the body's immune system.
When people think of cancers caused by smoking, the first one that comes to mind is always lung cancer. Most cases of lung cancer death, close to 90 per cent in men, and 80 cent per in women are caused by cigarette smoking. There are several other forms of cancer attributed to smoking as well, and they include cancer of the oral cavity, pharynx, larynx, oesophagus, bladder, stomach, cervix, kidney and pancreas, and acute leukaemia.
The list of additives allowed in the manufacture of cigarettes consists of 599 possible ingredients. When burned, cigarette smoke contains over 4000 chemicals, with over 40 of them being known carcinogens.
Speaking on the issue, the Project Officer, Environmental Rights Action (ERA), Mr Philip Jakpor, said the issue was not about the change in logo.
He said: “The real issue is ensuring that there are appropriate labels that are legible. Health warnings and pictorials that are legible enough and cover at least half of the cigarettes pack. So it is not really the issue of logo. As we know, most of the cigarettes pack that we see bears in the body, 'the Ministry of Health says smoking is injurious to your health.'
“We believe that is not appropriate enough because the tobacco companies have not taken the responsibility seriously. They are not telling you that smoking is dangerous, but they are telling you that the Ministry of Health says so.
“What they should do is to tell us that the product can kill, it can cause cancer, it can cause impotency in men, and that tobacco use leads to diseases affecting the heart and lungs, with smoking being a major risk factor for heart attacks, strokes, chronic obstructive pulmonary disease (COPD), emphysema, and cancer (particularly lung cancer, cancers of the larynx and mouth, and pancreatic cancer). It also causes peripheral vascular disease and hypertension, all developed due to the exposure time and the level of dosage of tobacco. The higher level of tar content in the tobacco filled cigarettes causes the greater risk of these diseases. Due to higher levels of tar content in Third World countries, people who smoke in the developing countries are more vulnerable to diseases. Poorer nations also lack the inclusion of filters that richer nations have. However, the mortality rate does not show a significant decrease due to filters as many people, filter or no filter, die due to the main reason being their addiction and intake of tobacco.”
Jakpor added that Nigeria was signatory and ratified the WHO Framework Convention on Tobacco Control (FCTC). The law on the tobacco health warnings is in Article 11 which requires each party to the FCTC. It requires effective measures to ensure that tobacco products packaging and labelling carry large, rotating health warnings and do not promote tobacco products by false, misleading or deceptive means.
According to him, studies have shown that when people are informed and have the right of choice, they will decide to smoke or not and that when people know the dangers of smoking, they are likely not to smoke, but those who cannot read and write, when they see the bold pictures that are shown on the cigarettes packs, which shows what smoking is likely to result in, they are likely to refrain from smoking.
“But we are operating in the system where those things are not put in place and as such people do not have choice. People will just see beautiful cigarette packs and without reading the content, they start smoking it. “Tobacco companies glamorise smoking. Even in movies, we are made to believe that those who are hyper are actually the ones smoking, but in reality, these things are not so and unfortunately smoking has cut short so many lives, like top musicians, actors, journalists, doctors, commissioners, and top politicians.
“Even in countries like Canada, they make sure they put small pamphlet inside their cigarette packs which read: 'You can quit smoking,' and adds that; 'Tobacco products are highly addictive.' The implication now is your choice on whether to smoke or not. But with the kind of tobacco companies we have in Nigeria and their products, these things are not there, people are not informed rather what they do is to organise smoking parties and encourage people to smoke and called it Corporate Social Responsibility (CSR).
“Social responsibility is all about giving back to the society. But you can ask yourself what are the tobacco companies giving to the society other than death. What they are giving to the society is death, so if they give death to the society and they go to one community in Oyo State and give the farmers fertiliser, what they are doing is for the farmers to continue to grow their products and they called that CSR.
“So, our position is that Nigeria signed the FCTC and they should be able to domesticate it so that we will be able to reduce the tobacco-related deaths.
“I had an opportunity of talking with a man in Mbodiene in Senegal when I saw his teeth being completely rotten and damaged because of smoking. Merely looking at his teeth, it was all gone, I now asked him, 'Do you know that what you are doing is bad? The man said he knew, but he could not stop smoking.
“I asked him again; “Will you like your children to smoke? He said he would do everything to stop them from smoking.
“In every cigarette stick, you have contents like nicotine which is what get people so addicted to smoking and other deadly chemicals like formaldehyde which is the chemical that is used to preserve dead bodies in the mortuary. We also have carbon monoxide, methane and other dangerous chemicals. Naturally, anybody you tell that a stick of cigarette contains all these dangerous chemicals should be able to withdraw from smoking. But some of them find it very difficult to stop because of the nicotine which is the addictive substance which tobacco companies deliberately infuse in it to get people hooked to it,” Jakpor added.
According to him, WHO says if health warnings and pictorials are on cigarette packs, it will reduce the number of people who smoke because they will now see the contents of what they want to inhale.
The ERA project officer also called for the domestication of the FCTC and its provision which Nigeria signed in 2004 and ratified in 2005.
He said: “Once we domesticate it and start to implement, enforce and monitor it, this will actually help to reduce the number of smokers.
“We succeeded in getting Abuja to go smoke-free last year, now you cannot smoke publicly in Abuja. All over the world, we have what we call smoke-free public places. For instance, people do not smoke in schools, buses, restaurants, parks, even at airports and every other open place. If you travel out of the country, you find out that this is exactly what is happening. It is not that people don't smoke, they do, but they smoke in certain hidden places. But unfortunately, because of the weak laws we have in this country, you see people smoking anywhere they like. But if there is a strong law and the law is enforced like what we did in Abuja which was very successful, Nigeria will a be better place for all to live.”
GOVERNMENTS across the globe have continued to take concrete steps to reduce deaths associated with cigarette smoking.For instance, the United Kingdom (UK) is planning to ensure that cigarettes are sold in plain packets under new plans to halve the number of people who smoke.
The UK Health Secretary, Mr Andy Burnham, said the government would reduce the number of nicotine addicts by eight to four million in the next 10 years.
He said: “Now that we have banned advertising and will soon see an end to attractive displays in shops, the only remaining method of advertising tobacco is the packaging. So, we will carefully consider whether there is evidence for making tobacco companies use plain packets.”
He added that the packets would only show the brand name in text.
The UK Government also wants to target the estimated 200,000 young people who take up smoking every year.
Burnham said: “Government should and will do everything in its power to protect young people.”
The World Health Organisation (WHO) estimated that tobacco caused 5.4 million deaths in 2004 and 100 million deaths over the course of the 20th century.
Similarly, the United States Center for Disease Control and Prevention described tobacco use as the single most important preventable risk to human health in developed countries which also include about 600,000 premature deaths per year, numerous crippling illnesses and economic losses.
According to WHO, smoke contains several carcinogenic pyrolytic products that bind to DNA and cause many genetic mutations. There are over 19 known chemical carcinogens in cigarette smoke. Tobacco also contains nicotine, which is a highly addictive psychoactive chemical. When tobacco is smoked, nicotine causes physical and psychological dependency. Tobacco use is a significant factor in miscarriages among pregnant smokers, it contributes to a number of other threats to the health of the foetus such as premature births and low birth weight and increases by 1.4 to 3 times the chance for Sudden Infant Death Syndrome (SIDS).
The effects of smoking on human health are serious and in many cases, deadly. There are approximately 4,000 chemicals in cigarettes, hundreds of which are toxic. The ingredients in cigarettes affect everything from the internal functioning of organs to the efficiency of the body's immune system.
When people think of cancers caused by smoking, the first one that comes to mind is always lung cancer. Most cases of lung cancer death, close to 90 per cent in men, and 80 cent per in women are caused by cigarette smoking. There are several other forms of cancer attributed to smoking as well, and they include cancer of the oral cavity, pharynx, larynx, oesophagus, bladder, stomach, cervix, kidney and pancreas, and acute leukaemia.
The list of additives allowed in the manufacture of cigarettes consists of 599 possible ingredients. When burned, cigarette smoke contains over 4000 chemicals, with over 40 of them being known carcinogens.
Speaking on the issue, the Project Officer, Environmental Rights Action (ERA), Mr Philip Jakpor, said the issue was not about the change in logo.
He said: “The real issue is ensuring that there are appropriate labels that are legible. Health warnings and pictorials that are legible enough and cover at least half of the cigarettes pack. So it is not really the issue of logo. As we know, most of the cigarettes pack that we see bears in the body, 'the Ministry of Health says smoking is injurious to your health.'
“We believe that is not appropriate enough because the tobacco companies have not taken the responsibility seriously. They are not telling you that smoking is dangerous, but they are telling you that the Ministry of Health says so.
“What they should do is to tell us that the product can kill, it can cause cancer, it can cause impotency in men, and that tobacco use leads to diseases affecting the heart and lungs, with smoking being a major risk factor for heart attacks, strokes, chronic obstructive pulmonary disease (COPD), emphysema, and cancer (particularly lung cancer, cancers of the larynx and mouth, and pancreatic cancer). It also causes peripheral vascular disease and hypertension, all developed due to the exposure time and the level of dosage of tobacco. The higher level of tar content in the tobacco filled cigarettes causes the greater risk of these diseases. Due to higher levels of tar content in Third World countries, people who smoke in the developing countries are more vulnerable to diseases. Poorer nations also lack the inclusion of filters that richer nations have. However, the mortality rate does not show a significant decrease due to filters as many people, filter or no filter, die due to the main reason being their addiction and intake of tobacco.”
Jakpor added that Nigeria was signatory and ratified the WHO Framework Convention on Tobacco Control (FCTC). The law on the tobacco health warnings is in Article 11 which requires each party to the FCTC. It requires effective measures to ensure that tobacco products packaging and labelling carry large, rotating health warnings and do not promote tobacco products by false, misleading or deceptive means.
According to him, studies have shown that when people are informed and have the right of choice, they will decide to smoke or not and that when people know the dangers of smoking, they are likely not to smoke, but those who cannot read and write, when they see the bold pictures that are shown on the cigarettes packs, which shows what smoking is likely to result in, they are likely to refrain from smoking.
“But we are operating in the system where those things are not put in place and as such people do not have choice. People will just see beautiful cigarette packs and without reading the content, they start smoking it. “Tobacco companies glamorise smoking. Even in movies, we are made to believe that those who are hyper are actually the ones smoking, but in reality, these things are not so and unfortunately smoking has cut short so many lives, like top musicians, actors, journalists, doctors, commissioners, and top politicians.
“Even in countries like Canada, they make sure they put small pamphlet inside their cigarette packs which read: 'You can quit smoking,' and adds that; 'Tobacco products are highly addictive.' The implication now is your choice on whether to smoke or not. But with the kind of tobacco companies we have in Nigeria and their products, these things are not there, people are not informed rather what they do is to organise smoking parties and encourage people to smoke and called it Corporate Social Responsibility (CSR).
“Social responsibility is all about giving back to the society. But you can ask yourself what are the tobacco companies giving to the society other than death. What they are giving to the society is death, so if they give death to the society and they go to one community in Oyo State and give the farmers fertiliser, what they are doing is for the farmers to continue to grow their products and they called that CSR.
“So, our position is that Nigeria signed the FCTC and they should be able to domesticate it so that we will be able to reduce the tobacco-related deaths.“I had an opportunity of talking with a man in Mbodiene in Senegal when I saw his teeth being completely rotten and damaged because of smoking. Merely looking at his teeth, it was all gone, I now asked him, 'Do you know that what you are doing is bad? The man said he knew, but he could not stop smoking.
“I asked him again; “Will you like your children to smoke? He said he would do everything to stop them from smoking.
“In every cigarette stick, you have contents like nicotine which is what get people so addicted to smoking and other deadly chemicals like formaldehyde which is the chemical that is used to preserve dead bodies in the mortuary. We also have carbon monoxide, methane and other dangerous chemicals. Naturally, anybody you tell that a stick of cigarette contains all these dangerous chemicals should be able to withdraw from smoking. But some of them find it very difficult to stop because of the nicotine which is the addictive substance which tobacco companies deliberately infuse in it to get people hooked to it,” Jakpor added.
According to him, WHO says if health warnings and pictorials are on cigarette packs, it will reduce the number of people who smoke because they will now see the contents of what they want to inhale.
The ERA project officer also called for the domestication of the FCTC and its provision which Nigeria signed in 2004 and ratified in 2005.
He said: “Once we domesticate it and start to implement, enforce and monitor it, this will actually help to reduce the number of smokers.
“We succeeded in getting Abuja to go smoke-free last year, now you cannot smoke publicly in Abuja. All over the world, we have what we call smoke-free public places. For instance, people do not smoke in schools, buses, restaurants, parks, even at airports and every other open place. If you travel out of the country, you find out that this is exactly what is happening. It is not that people don't smoke, they do, but they smoke in certain hidden places. But unfortunately, because of the weak laws we have in this country, you see people smoking anywhere they like. But if there is a strong law and the law is enforced like what we did in Abuja which was very successful, Nigeria will a be better place for all to live.”
Tuesday, March 23, 2010
Court adjourns $21.6b tobacco suit
THE recent mass transfer of judges at the Lagos State judiciary has already taken its toll on court cases.
Yesterday, a Lagos High Court, presided over by Justice Bukola Adebiyi, adjourned a $21.6 billion (N3.2 trillion) suit filed by the state government and a civil society group- the Environmental Right Action (ERA), against the British American Tobacco and others, till April 19, in readiness to obeying the transfer order. The matter would now be heard in Ikeja division, where it has been transferred to.
The court was to hear the second to fourth defendants' motion for stay of proceedings in the matter, which was stalled at the last hearing due to the absence of the counsel to second defendants- the International Tobacco Limited, Mr. Chijioke Okoli.
The claimants alleged that the tobacco companies have constituted themselves into a nuisance and a danger to the lives of the people and residents of Lagos. They are, consequently, seeking extensive reliefs that intend to regulate tobacco smoking, especially among youths and under-aged smokers.
The claimants specifically, sought special, general, punitive and anticipatory damages in the sum of $21.6 billion from the defendants.
This is in addition to an order of mandatory injunction compelling them, their successors-in-titles, privies and or agents to cease from marketing, promotion, distribution and sale of tobacco-related products to minors or under aged persons.
They also sought an order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of 18, any alluring and/or misleading image regarding tobacco related products whether by direct depictions, pictorial, advertorials, images, words, messages, sponsorships, branding and/or through overt or covert and/or subliminal means.
The court was also asked to compel them to publicly disclose, disseminate, and publish all research previously conducted directly or indirectly by themselves and their respective agents that relates to the issue of smoking and health. The claimants argued that tobacco smoking has severe health implications including but not limited to cancer, cardiovascular and pulmonary complications, stressing that the defendants have recently admitted these facts.
"But despite the obvious knowledge of the adverse effects of their product, the defendants have surreptitiously and fraudulently targeted young and under-aged persons in their advertising and marketing," the claimants alleged.
They held that the mandatory health warnings inscribed on the pack 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 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," the claimants added.
Judge’s transfer stalls $21bn tobacco suit
THE recent transfer of judges of Lagos High Court, on Monday, stalled further hearing in a $21bn suit by Lagos State Government and a civil society group, the Environmental Rights Action, against British American Tobacco and five other tobacco firms.
When the matter came up before Justice Bukola Adebiyi, she informed lawyers to the parties that she had been transferred from Lagos to Ikeja Division of the court.
She also told the lawyers that further applications on the case should wait till April 19.
The claimants had alleged that the tobacco firms had constituted themselves into a nuisance and a danger to the lives of the people and residents of Lagos.
The claimants are seeking extensive reliefs that intend to regulate tobacco smoking, especially as it affects youths and under-age smokers.
They also sought special, general, punitive and anticipatory damages in the sum of $21,617,605, 885.17 from the defendants.
They are further asking for an order of mandatory injunction compelling the tobacco firms and their agents to cease the marketing, promotion, distribution and sale of tobacco-related products to minors or under-age persons.
They also sought an order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of 18, any alluring and misleading image regarding tobacco-related products whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding or through overt or covert and/or subliminal means.
The court was also asked to compel the tobacco firms to publicly disclose, disseminate, and publish all research previously conducted directly or indirectly by themselves and their respective agents that relates to the issue of smoking and health.
The claimants argued that tobacco smoking had severe health implications, including but not limited to cancer, cardiovascular and pulmonary complications, stressing that the defendants had recently admitted these facts.
But the defendants had in their statement of defence claimed that the court lacked jurisdiction to hear the suit.
They also insisted that the suit was an abuse of court process and should be dismissed.
When the matter came up before Justice Bukola Adebiyi, she informed lawyers to the parties that she had been transferred from Lagos to Ikeja Division of the court.
She also told the lawyers that further applications on the case should wait till April 19.
The claimants had alleged that the tobacco firms had constituted themselves into a nuisance and a danger to the lives of the people and residents of Lagos.
The claimants are seeking extensive reliefs that intend to regulate tobacco smoking, especially as it affects youths and under-age smokers.
They also sought special, general, punitive and anticipatory damages in the sum of $21,617,605, 885.17 from the defendants.
They are further asking for an order of mandatory injunction compelling the tobacco firms and their agents to cease the marketing, promotion, distribution and sale of tobacco-related products to minors or under-age persons.
They also sought an order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of 18, any alluring and misleading image regarding tobacco-related products whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding or through overt or covert and/or subliminal means.
The court was also asked to compel the tobacco firms to publicly disclose, disseminate, and publish all research previously conducted directly or indirectly by themselves and their respective agents that relates to the issue of smoking and health.
The claimants argued that tobacco smoking had severe health implications, including but not limited to cancer, cardiovascular and pulmonary complications, stressing that the defendants had recently admitted these facts.
But the defendants had in their statement of defence claimed that the court lacked jurisdiction to hear the suit.
They also insisted that the suit was an abuse of court process and should be dismissed.
Judges redeployment stalls tobacco suit
The joint suit instituted by the Lagos State government and the Environmental Rights Action/ Friends of the Earth Nigeria (ERA/FOEN) against five tobacco companies before a Lagos High Court sitting in Igbosere, could not continue on Monday because of the redeployment process going on in the Lagos judiciary.At the resumed hearing of the suit, the presiding judge, Raliat Adebiyi, noted that she would not be able to continue with the hearing of the applications brought by the counsel, since she has been transferred to the Ikeja division of the Lagos High court, and is trying to collate the files before her. The hearing of the applications was, therefore, adjourned to April 19, 2010, in Ikeja, where she will continue to preside over the suit amongst other suits.
Justice Adebiyi has been deployed from the commercial division of the Lagos High court sitting in Igbosere to the Land section of the court sitting in Ikeja.
The claimants had 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.
Allegations
They had alleged that, in spite of the obvious knowledge of the adverse effect of their product, the defendants have fraudulently targeted the young and the under-aged in their advertisement and marketing.
That, through the use of market surveys and sophisticated advertising, the defendants have utilised such means as music, cinema and fashion, to attract young and under-aged 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 warnings.
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 want 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 18, 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 18 years 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 18 years.
They also want a declaration of the court that the tobacco related products 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 public health.
The claimants also sought special, general, punitive and anticipatory damages in the sum of $21,617,605, 885.17 from the defendants.
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