Quebec Court of Appeal considers the Tobacco Act

Following the December 2002 decision of the Quebec Superior Court which upheld the Tobacco Act and its regulations, the three major Canadian tobacco manufacturers - JTI-Macdonald Corp., Rothmans, Benson & Hedges Inc and Imperial Tobacco Canada Ltd. - brought their challenge to the Quebec Court of Appeal.

In August 2005, the Court of Appeal upheld the Act, except for some wording found in sections 18(2), 20, 24 and 25. These provisions concern, more specifically, promotion through scientific works, promotion "likely to create an erroneous impression," and the use of a manufacturer's name for sponsorship purposes. The validity of the tobacco regulations was upheld.

• The Quebec Court of Appeal decision, August 22, 2005 (unofficial English translation)

In March 2006, the Supreme Court of Canada granted the applications for leave to appeal and for leave to cross-appeal from the judgment of the Quebec Court of Appeal.