Last summer, the Supreme Court of Canada upheld the advertising restrictions listed in the Tobacco Act, which the federal government passed in 1997. The Act states, among other things, that no person or fictional character can be used to promote a tobacco product. That spelt the end of lifestyle advertising campaigns, such as those featuring the über-rugged Marlboro Man or cartoon hipster Joe Camel.
The Canadian tobacco industry's "big 3" — Imperial Tobacco Canada Ltd., JTI-Macdonald Corp. and Rothmans, Benson and Hedges Inc. — opposed the new restrictions. During the decade-long court battle that ensued, the companies refrained from advertising in mass-market publications, arguing that the restrictions were so limiting as to essentially constitute a ban anyways.
About 5 months after the Supreme Court's June decision, however, JTI-Macdonald launched several new products with accompanying ad campaigns. The ads have appeared in entertainment magazines, such as Montréal's Mirror and Vancouver's Georgia Straight, and in the Canadian edition of Time.
The new cigarettes contain additives to improve their taste or mask the smell of their smoke. One brand, called More International, comes in whisky or liqueur d'orange flavours. Another, called Mirage, emits a vanilla aroma when smoked and is being promoted as the only cigarette in Canada with "unique Less Smoke Smell (LSS) Technology."
Cynthia Callard, director general of Physicians For a Smoke-Free Canada, says the ads violate the Tobacco Act, which forbids promotions that are "likely to create an erroneous impression about the characteristics, health effects or health hazards of the tobacco product or its emissions." In early December, her organization objected to the Mirage ad campaign in a written complaint to federal Health Minister Tony Clement. Health Canada is investigating the complaint.
"People will think that if there is less of a smoke smell, there is less smoke and therefore less harm," said Callard.
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