"Tobacco giant sues Victoria (British Columbia) over 'trade secrets' dispute"

The Vancouver Sun (Newspaper, Jeff Beatty, Legislative Reporter) - 31 October 1998 (from Victoria)

Canada's third-largest tobacco manufacturer, RJR-Macdonald Inc., launched a B.C. Supreme Court lawsuit Friday against the Provincial Government, claiming its anti-smoking legislation is unconstitutional, intrusive and a threat to the Company's competitiveness.

The writ was filed on the same day that Canada's two largest tobacco makers - Imperial Tobacco and Rothmans, Benson & Hedges Inc. - reluctantly agreed to comply with the same regulations as set out in the Tobacco Sales Amendment Act.

But a spokesman for Rothmans said his firm is also considering a lawsuit against the B.C. Government.

RJR-Macdonald's lawsuit is sure to heat up the raging B.C. tobacco war and comes weeks before the Provincial Government is expected to launch another tobacco-related case against Canada's three largest cigarette makers.

The writ claims the B.C. Government exceeded its constitutional authority by requiring tobacco companies to spend enormous amounts of money revealing trade secrets such as the chemical ingredients in cigarette smoke.

RJR-Macdonald, which makes its cigarettes outside the Province before selling them to wholesalers, claims only the Federal Government has the authority to regulate inter-provincial trade.

"The production, marketing and sale of tobacco products are regulated by the Parliament of Canada," not the B.C. Government, the writ claims.

To disclose trade information about the Company's products, which include Export "A", the 5th best selling cigarette in B.C., would reveal trade secrets that could damage the Company's national competitiveness.

"If there were a public release and distribution of these secrets anywhere, these secrets would become public everywhere," the write claims.

Until Friday, (30 Oct/98) cigarette makers claimed the tight Government deadline would make it impossible to achieve.

"We complied but we're not in agreement with the legislation," said John McDonald, Director of Public Affairs for Rothmans, Benson & Hedges. "The information is basically meaningless anyway. We don't understand why this information is being sought."

...........The cigarette makers claim that many of the components found in cigarette smoke can be found naturally in food, drinking water - and the air(we breathe).

"The B.C. Government estimates it annually spends $1.3 billion on extra health care, social services, lost productivity and crime-prevention costs associated with smoking."

Personal comment:

Dear Province of B.C. Government: Please provide the scientific background for these 'estimates' and their validation.

Merci beaucoup - FORCES Canada