The 2002 trial that assessed the constitutionality of Canada's Tobacco Act involved new evidence of industry tactics in the 1990s, including the use of lifestyle advertising of sponsorships and the marketing of a new product that was falsely claimed to be “less irritating.” The author provides highlights from the legislative background, the document production, the trial testimony, and the judge's decision.
Get full access to this article
View all access options for this article.
References
1.
DewhirstTimothy (2004), “Smoke and Ashes: Tobacco Sponsorship of Sports and Regulatory Issues in Canada,” in Sports Marketing and the Psychology of Marketing Communication, KahleL.R., and RileyC., eds. Mahwah, NJ: Lawrence Erlbaum Associates, 327–52.
2.
JTI-MacDonald Corp. et al. v. Attorney General of Canada (2002), 2002 FCT 24.
3.
PollayRichard W. (1990), “Information and Imagery in Contemporary Canadian Cigarette Ads,” in Proceedings of the American Academy of Advertising, StoutPatricia, ed. Austin: University of Texas at Austin, 74–79.
4.
PollayRichard W. (1991), “Signs and Symbols in Cigarette Advertising: A Historical Analysis of the Use of Pictures of Health,” in Marketing & Semiotics, Hartvig-LarsenHanne, MickDavid G., and AlstedChristian, eds. Copenhagen: Handelshojskolens Forlag, 160–76.
5.
PollayRichard W. (1997), “Hacks, Flacks, and Counter-Attacks: Cigarette Advertising, Sponsored Research, and Controversies,”Journal of Social Issues, 53(March), 53–74.
6.
PollayRichard W. (2000), “Targeting Youth and Concerned Smokers: Evidence from Canadian Tobacco Industry Documents,”Tobacco Control, 9(June), 136–47.
7.
PollayRichard W. (2001), “The Role of Packaging Seen Through Industry Documents,” Working Paper 01.4, History of Advertising Archives, Faculty of Commerce, University of British Columbia.
8.
PollayRichard W. (2002), How Cigarette Advertising Works: Rich Imagery and Poor Information.Toronto: Ontario Tobacco Research Unit.
9.
PollayRichard W., and DewhirstTimothy (2001), “Marketing Cigarettes with Low Machine-Measured Yields,”in Risks Associated with Smoking Cigarettes with Low Machine-Measured Yields of Tar and Nicotine, Smoking and Tobacco Control Monograph No. 13. Bethesda, MD: U.S. Department of Health and Human Services, National Institutes of Health, National Cancer Institute, 199–235.
10.
PollayRichard W., and LavackAnne (1993), “The Targeting of Youth by Cigarette Marketers: Archival Evidence on Trial,” in Advances in Consumer Research, Vol. 20, McAlisterLeigh, and RothschildMichael L., eds. Provo, UT: Association for Consumer Research, 266–71.
11.
RJR-MacDonald Inc. v. Canada (Attorney General) (1995), 3 S.C.R. 199.
12.
SafferHenry, and ChaloupkaFrank (2000), “The Effect of Tobacco Advertising Bans on Tobacco Consumption,”Journal of Health Economics, 19, 1117–37.