TOBACCO CONTROL LAWS

Sparkes v. Imperial Tobacco Canada Limited

Buyers of light cigarettes sought class action status in a lawsuit against Imperial Tobacco Canada. The lawsuit 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. The plaintiffs sought return of the profits made by the tobacco company. The court refused to certify the class action, finding that the plaintiffs failed to state a cause of action because they did not show that they suffered damages as a result of the company’s alleged unfair trade practices. The court also found that the proposed class was too broad, there were too many issues that required proof on an individual level vs. on a group level, and there was not a workable litigation plan.

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Sparkes v. Imperial Tobacco Canada Limited, 2008 NLTD 207 (2008).

  • Canada
  • Dec 29, 2008
  • Supreme Court of Newfoundland and Labrador, Trial Division
View Case History

Parties

Plaintiff Victor Todd Sparkes

Defendant

  • Attorney General of Canada
  • British American Tobacco (Invesments) Limited
  • Imperial Tobacco Canada Limited

Legislation Cited

Class Actions Act of Newfoundland and Labrador

Trade Practices Act of Newfoundland and Labrador

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Undue Burden
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.

Type of Tobacco Product

None

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