Sparkes v. Imperial Tobacco Canada Limited

Buyers of light cigarettes sought class action status in a lawsuit against Imperial Tobacco Canada. The claim alleged that the tobacco company’s advertising attempted to deceive the public into thinking that “light” and “mild” cigarettes were less harmful than regular cigarettes in violation of a consumer protection law. A Canadian court of appeal affirmed an earlier decision ruling that class action status could not be granted because the plaintiffs failed to state a cause of action. Because the plaintiffs relied on the tobacco advertising but did not purchase cigarettes directly from the tobacco company, they did not have a direct relationship with the tobacco company and, therefore, were not eligible to sue the company under the law.


Sparkes v. Imperial Tobacco Canada Limited, 2010 NLCA 21 (2010).

  • Canada
  • Mar 22, 2010
  • Supreme Court of Newfoundland and Labrador, Court of Appeal


Plaintiff Victor Todd Sparkes


  • Attorney General of Canada
  • Imperial Toacco Company Limited
  • Imperial Tobacco Canada Limited

Legislation Cited

Class Actions Act of Newfoundland and Labrador

Trade Practices Act of Newfoundland and Labrador

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product