CIGARETTE manufacturers will go to the High Court this week to try to stop a "flawed" scientific report on passive smoking being adopted by the Government.

The Scientific Committee on Tobacco and Health (Scoth) report, published in March after four years of research, said passive smoking was a cause of both lung cancer and heart disease. Scoth called on the Government to take "effective action" to curb the impact of smoking on the nation's health, with 37 separate recommendations, including a ban on smoking in public places.

But the evidence on passive smoking is more equivocal than it seems, and "political correctness" among scientists has led to weak evidence being viewed as impressive support. Now Imperial Tobacco, Gallaher, Rothmans and British American Tobacco (BAT) have joined forces to accuse Scoth of ignoring evidence that does not support its views. On Friday, lawyers for the four companies will ask for a judicial review of Scoth's actions, which could lead to the report being thrown out before the Government can act on its claims.

At the time that the report was published, Sir Kenneth Calman, the Chief Medical Officer, hinted at action being announced in a White Paper later this year. However, government sources stressed that ministers wanted any new curbs to be voluntary and that there were no plans to ban smoking in public places.

The White Paper is expected to propose a raft of measures to cut smoking, following the curbs on tobacco advertising and steep rises in cigarette duty brought in during the past year, including moves to encourage the voluntary establishment of smoking bans in many public areas.

The tobacco companies argue that the scientific committee, chaired by Professor David Poswillo of Guy's and St Thomas' Hospital, London, acted as a kangaroo court, relying on evidence from scientists known for their anti-smoking stance while rejecting negative evidence. They also claim that the committee failed to give the industry the chance to make its own case, and that Scoth failed to inform manufacturers that it would be looking at issues such as advertising.

Describing the consultation process as "cavalier", Chris Proctor, head of science and regulation at BAT, said: "When an independent scientific committee like Scoth is set up to advise ministers, it is imperative that it looks at all the evidence - including representations from tobacco companies."

The decision to seek a judicial review marks a major break in the relationship between the tobacco industry and the Government. Over the past 25 years, representatives from both sides have met regularly to discuss new research and legislation.

The Department of Health said: "The companies' allegations will be responded to in the usual way. Scoth's report added to a growing body of work on passive smoking and related issues, and in that sense was not unheralded. Ministers view the action for judicial review as no more than a publicity stunt."

14 May 1998: EU bans tobacco advertising
12 May 1998: [Connected] Passive smoking 'may cause heart disease'
16 March 1998: Cigarette firm's memo boosts cancer lawsuits
15 March 1998: No 'significant' risk in passive smoking
13 March 1998: [City] Gallaher says debate over smoking is too emotional
12 March 1998: Smoking in the home 'kills babies'
8 March 1998: Passive smoking doesn't cause cancer - official
19 October 1997: Cancer alert on passive smoking 'is false alarm'
18 October 1997: Smokers at work face stiff curbs