Canada High Court Upholds Tobacco DM Advertising

Posted on by Chief Marketer Staff

The Supreme Court of Canada has upheld a decade-old federal law setting strict limits on advertising by tobacco companies but does allow advertising through direct mail, according to wire service reports.

In a 9-0 judgment Thursday, the court ruled the 1997 law, and the detailed regulations that go along with it, can be justified under the Charter of Rights.

In theory, the law allows brand-name advertising by direct mail, a provision that can be interpreted as possibly including e-mail and Web sites.

“There is a window for legitimate advertising of this legal product to adult consumers,” said Simon Potter, a lawyer representing Imperial Tobacco. “You will not see billboard advertising, you will not see television advertising, you may see advertising in adult-only locations or advertising in mailings to adults, things like that.”

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