Courts reverse ban on tobacco displays
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* Amy Jo Ehman

*   © 2004 Canadian Medical Association or its licensors

Saskatchewan's groundbreaking “shower curtain law,” which banned the display of cigarettes in retail stores, has been reversed.

The Court of Appeal in Regina has thrown out the law, ruling that tobacco companies have the right to display their products on store shelves.

“I was very disappointed with the Court of Appeal's decision,” said Saskatchewan Minister of Health John Nilson. “We were the first in the world to go ahead with this type of legislation. We knew we would have challenges.”

Saskatchewan will appeal the decision to the Supreme Court of Canada, he added.

In March 2002, stores in that province were ordered to cover all tobacco products that could be viewed by children under 18. The nickname “shower curtain law” reflects just one of the methods used by retailers to comply with the law.

After the appeal court ruling in October, most storeowners quickly removed the covers.

The law was challenged by Rothmans, Benson and Hedges, Canada's second largest tobacco manufacturer. It argued that the law conflicted with the federal Tobacco Act, which permits the display of cigarettes in stores.

The appeal court judges ruled that in the case of a conflict, federal law takes precedence over provincial law. 

“It's a basic right under the Charter of Rights and Freedoms to display a legal product at retail,” said company lawyer John McDonald. He said cigarette displays in stores do not influence people to smoke.

Physicians for a Smoke-Free Canada is disappointed with the ruling because it believes children are encouraged to smoke when they see packages of cigarettes displayed next to candy.

“It's a sad day when the technicalities of law take precedence over the health of our children,” said Saskatoon spokesperson Dr. Stuart Houston. “It's terrible that judges are making laws that should be made by our legislators.”

The organization plans to lobby the federal government to amend the Tobacco Act so that provinces can pass their own laws concerning the display and advertising of tobacco products.

Manitoba has passed a similar law that will come into effect this month. — *Amy Jo Ehman*, Saskatoon