Rothmans, Benson and Hedges Notes and Authorities Appendix A

Transcription

Rothmans, Benson and Hedges
Notes and Authorities
Appendix A
1958
Rembrandt Group
through subsidiaries
76%
Carreras
London
100%
Rothmans of Pall Mall
Canada Limited
Rock City Minority
Interest
70%
Rock City Tobacco
Limited
Philip Morris Inc.
100%
Benson & Hedges
(Canada) Inc.
30%
1963
Philip Morris Inc.
Rembrandt Group
100%
50%
Public
50%
Benson & Hedges
(Canada) Inc.
Canada Limited*
* In 1960, Rock City Tobacco Limited became a wholly-owned subsidiary of Carreras London. By 1963, Rothmans of Pall
Mall Canada Limited (“RPM”) had acquired Rock City Tobacco Limited and was 50% publicly-owned.
1985
Philip Morris
Companies Inc. **
24.9% ***
100%
Rothmans
International*
71.2%
Public
28.8%
Philip Morris Inc.
Rothmans Inc. ****
100%
100%
Benson & Hedges
(Canada) Inc.
Limited
* Rothmans International (“RI”) was incorporated in 1972.
** Philip Morris Companies Inc. (“PMCI”) was incorporated in 1985 and became the publicly-held holding company and
parent of Philip Morris Inc. (“PM Inc.”).
*** In 1981, PM Inc. acquired an indirect, minority shareholder interest in Rothmans International (“RI”). The 1981 RPM
annual report noted: “The Board of Rothmans International has been assured that the operations and management of
Rothmans International and its associated companies will continue as before, with Philip Morris participating only as an
investor.” In 1984, PM Inc. restructured its investment, selling its indirect interest and purchasing a direct 30% equity
interest (24.9% voting interest) in RI. PM Inc. later transferred that interest to PMCI, which sold it back to the Rembrandt
Group in 1989.
**** In 1985, Rothmans Inc. replaced RPM as the publicly-held corporation.
1986
Philip Morris
Companies Inc.
24.9%
Rothmans
International
100%
71.2%
Public
28.8%
Philip Morris Inc.
Rothmans Inc.
60%
(through subsidiaries)
40%
Rothmans, Benson &
Hedges Inc. *
* Rothmans, Benson & Hedges Inc. was formed in December 1986 by the amalgamation of Rothmans of Pall Mall Limited
and Benson & Hedges (Canada) Inc.
1987
24.9%
Philip Morris
Companies Inc.
100%
Philip Morris Inc.
Rothmans
International
100%
71.2%
Public
28.8%
Philip Morris
International Inc.*
Rothmans Inc.
60%
40%
Rothmans, Benson &
Hedges Inc.
* In 1987, PM Inc. transferred its international holdings to a newly incorporated company, Philip Morris International Inc.
(“PM Int’l”), which was created as a wholly owned subsidiary of PMCI.
2000
Philip Morris
Companies Inc.
100%
Philip Morris Inc.
Public
100%
100%
Philip Morris
International Inc.
Rothmans Inc.*
60%
40%
Rothmans, Benson &
Hedges Inc.
* In 1999, British American Tobacco (“BAT”) merged with RI, and as a result acquired majority ownership in Rothmans Inc.
Canada’s competition regulator required BAT to divest itself completely of ownership in Rothmans Inc., which was done by
divestiture to the public.
2008
Altria Group Inc.
(formerly Philip Morris
Companies Inc.)
Philip Morris
International Inc. *
100%
100%
Philip Morris USA, Inc.
(formerly Philip Morris Inc.)
Rothmans Inc.
100%
Rothmans, Benson &
Hedges Inc.
* In 2008, Altria Group Inc. spun off PM Int'l as a wholly separate company. PM Int’l has no ongoing corporate relationship
with either Altria Group Inc. or Philip Morris USA, Inc. Also in 2008, PM Int'l acquired all outstanding common stock of
Rothmans Inc. Subsequently, Rothmans Inc. and RBH merged.
Appendix B
RBH Preliminary Timeline: 1900-1998
Date
Description
Prior to the 1950s
1908
Tobacco Restraint Act (Federal): Restricts sale of tobacco products to persons
16 or older. 1
1933
Delhi Research Station (“DRS”) opens. 2
193944
Canadian government supplies soldiers with cigarettes. 3
1940
National Health and Welfare (“Health Canada”) publishes pamphlet entitled
“Smoking”. 4
1940
Tobacco Tax Act (Quebec): Cigarette consumption tax introduced in Quebec.
This legislation requires licensing of Canadian tobacco manufacturers,
retailers and wholesalers. 5
1950-1967
1950s Articles published, including in the Readers’ Digest, on association between
smoking and cancer. 6
1958
Article titled “Lung Cancer and Cigarette Smoking” is published in Health
Canada’s in-house magazine, “Canada’s Health and Welfare.” 7
1960
Canadian Veterans Study preliminary results in the study entitled “A Canadian
Study of Mortality in Relation to Smoking Habits a Preliminary Report”, are
presented to Canadian Public Health Organization May 31-June 2, 1960;
published March 1961. 8
1963
Health Minister Judy LaMarsh states: 9
 “(t)here is scientific evidence that cigarette smoking is a contributory cause
of lung cancer, and that it may also be associated with chronic bronchitis
and coronary heart disease”
 Health Canada has “a duty to inform the public about the risk to health
connected with cigarette smoking. It seems to me that special efforts should
be made to dissuade children and young people from acquiring the habit.”
1963
1
National Conference on Smoking and Health of Health Canada is hosted by
Judy LaMarsh. The ad hoc committee of the Canadian Tobacco Industry is
formed at Health Canada’s request to make a single presentation at the
Conference. 10
Date
1964
Description
Surgeon General’s Report concludes, among other things, that cigarette
smoking is: 11
 a cause of lung cancer in men
 a cause of laryngeal cancer
 a habit
1964
Cigarette Advertising Code of Canadian Tobacco Manufacturers bans: 12
 cigarette advertising stating one brand is better for health than another
 cigarette advertising whose major appeal is directed to persons under 18
 use of models under 25
 cigarette advertising on TV before 9 pm
 use of celebrities/athletes in ads whose major appeal is to persons under
18
1965
Health Canada issues a press release indicating that 90 percent of Canadians
were aware of the health issues associated with cigarette smoking. 13
 Health Minister LaMarsh states: “I feel there is reason for satisfaction in the
degree to which Canada has become acquainted with the situation...It is
just two years since, in the House of Commons, I announced my
Department’s initial target of informing the public about the risk involved.
The study indicates that, except for a small minority, success has been
achieved in that respect.”
1968-1986
1968
First Health Canada League Table published by Minister John Munro. 14
 at least 20 league tables and press releases are published between
November 1968 and 1987 (with a break between 1975 and 1979)
1969
Health Canada League Tables published. 15
 in the press release accompanying the December 12, 1969 League Table,
Health Minister John Munro states: “(t)he ratings are based on standard
smoking with a smoking machine and the actual intake of tar or nicotine
from a particular brand will vary according to the way the smoker smokes
his cigarettes, for example, the number of puffs, the depth of inhalation and
the length of butt discarded.”
2
Date
1969
Description
Isabelle Committee Report. Recommendations include: 16
 no cigarette advertising on television or radio before 10 p.m.
 a warning in all remaining advertising and promotional materials
 a warning on all cigarette packs and cartons
 eventual elimination of all cigarette promotional activities
 within two years, Canadian cigarette manufacturers discontinue the
production of cigarettes exceeding specified maximums of tar and nicotine
content
 government authorized statements of tar and nicotine levels on all cigarette
packages and cartons, in cigarette advertising and promotional materials
and on cigarette vending machines
 increased research into less hazardous cigarettes products and ways to
smoke
1969
Health Canada develops “Canadian” method of testing for tar and nicotine
during the 1960s in co-operation with University of Waterloo. It is officially
adopted by the Canadian tobacco manufacturers in 1969. 17
1970
The Departments of Health and Agriculture establish the Less Hazardous
Cigarette Program. 18
1970
Health Canada League Table published. 19
1971
Ad hoc committee of the Canadian Tobacco Industry changes its name to
Canadian Tobacco Manufacturers Council. 20
1971
1971
In a speech to tobacco growers, Agriculture Canada says “There is a new
vista on tobacco - for all of us. Our research will guide you in how to
manipulate the tar and nicotine levels in the tobacco you grow and get ready
for market; our objective is to reduce the tar and nicotine levels in tobacco and
hence in cigarettes, to a level which can be described as being realistic for all
concerned. The manufacturers will have a major role in attaining desired
levels; National Health and Welfare will help determine what levels are
reasonable and Canadian smokers should be able to keep potential hazards
to a minimum.” 22
1971
Bill C-248 An Act Respecting the Promotion and Sale of Cigarettes (Federal)
introduced but not adopted.
 includes proposed health warning: “Warning: Danger to Health Increases
With Amount Smoked, Avoid Inhaling.” 23
1971
3
Date
1972
Description
Cigarette Advertising Code of the Canadian Tobacco Manufacturers: 25
 requires warnings on cigarette packages: “The Department of National
Health and Welfare advises that danger to health increases with amount
smoked.”
 states cigarette advertising shall be addressed to adults 18 years of age
and over
 sets tar and nicotine maximums
 bans cigarette advertising on radio and television
 limits advertising expenditures in remaining media to 1971 levels
1972
1973
1973
Health and Agriculture Ministers jointly announce laboratory at Delhi Research
Station to “contribute to international efforts to produce less hazardous
tobacco products.” 28
1973
1973
Canadian tobacco manufacturers agree to and begin displaying warnings on
tobacco product print advertising. 30
1974
1974
1975
Cigarette & Cigarette Tobacco Advertising and Promotion Code of the
CTMC: 33
 average tar and nicotine content will be shown on all packages and in print
media advertising
 warning revised: “Health and Welfare Canada advises that danger to health
increases with amount smoked – avoid inhaling.”
 warning to also appear in cigarette print advertising and other promotion
media; e.g. airport, subway and transit signs, point-of-sale materials
1976
Cigarette and Cigarette Tobacco Advertising Code of the Canadian Tobacco
Manufacturers’ Council is amended. 34
1977
Toward Less Hazardous Cigarettes Program:
 January meeting attended by Health Canada, Agriculture Canada,
Universities of Guelph and Waterloo. 35
 CTMC invited to and attends June meeting of Health Canada, Agriculture
Canada, Universities of Guelph and Waterloo. 36
1977
4
Health Canada publishes “Smoking and Health in Canada.” 37
Date
Description
1978
Health Canada sets SWAT target. 38
1979
19791983
Introduction of four new tobacco varieties (Nordel, Delgold, Newdel, and
Candel), specifically linked to Agriculture Canada/Delhi attempts to reduce tar
levels while maintaining nicotine levels: 40
1981
1981
Health Canada sets SWAC target. 42
1982
1983
1983
5th World Conference on Smoking and Health (Winnipeg) 45
 Health Minister Bégin opens conference and notes “(t)wo important and
unique features that have characterized the Canadian experience with
regard to policy and program development are voluntary agreements
between industry and federal government with regard to many aspects of
tobacco production and marketing, and collaboration among governments,
health agencies and professionals in planning and developing prevention
and cessation programs.”
1984
Cigarette and Cigarette Tobacco Advertising and Promotion Code is amended
twice: 46
 health warning is now also displayed on billboards, cigarette carton
wrappers, and imported cigarettes
1984
1984
1985
Cigarette and Cigarette Tobacco Advertising and Promotion Code is
amended. 49
1985
Ontario Ministry of Consumer and Commercial Relations rejects Business
Practices Act complaint filed against Rothmans of Pall Mall Canada Limited by
Non-Smokers’ Rights Association regarding addictiveness of tobacco
products. 50
1985
1986
1987-1998
1987
1987
Quebec restricts indoor smoking. 54
1988
U.S. Surgeon General’s Report concludes tobacco is addicting. 55
5
Date
1988
Description
Tobacco Products Control Act (TPCA) is passed. 56
 bans tobacco product advertising (company sponsorships still permitted)
1988
Non-Smokers’ Health Act restricts smoking in federally regulated workplaces
and public places. 57
1989
Tobacco Products Control Regulations. 58
Introduces four rotating health warnings (20% of pack):
 smoking reduces life expectancy
 smoking is the major cause of lung cancer
 smoking is a major cause of heart disease
 smoking during pregnancy can harm the baby
1989
With enactment of the TPCA, ISO cigarette testing method is adopted in
Canada.
1989
Royal Society of Canada releases report, concludes cigarette smoking can,
and frequently does, meet all the criteria for the proposed definition of
addiction. 59
1994
Tobacco Sales to Young Persons Act: 60
 raises national age to legally purchase cigarettes to 18
 bans sale of cigarette packs with less than 20 cigarettes61
1994
Tobacco Products Control Regulations is amended. 62
Increases rotating health warnings from four to eight, occupy more space on
pack (30-40%):
 cigarettes are addictive
 tobacco smoke can harm your children
 cigarettes cause fatal lung disease
 cigarettes cause cancer
 cigarettes cause strokes and heart disease
 smoking during pregnancy can harm your baby
 smoking can kill you
 tobacco smoke causes fatal lung disease in non-smokers
1995
6
A Historical Study of Nicotine Yields of Canadian Cigarettes in Relation to the
Composition and Nicotine Content of Cigarette Tobacco (1968-1995) Final
Report 63
Date
Description
1995
Supreme Court of Canada strikes down key provisions of TPCA related to
advertising ban and unattributed health warnings. 64
1995
The Tobacco Industry Voluntary Packaging and Advertising Code of the
Canadian Tobacco Manufacturers Council is adopted, filling the void created
by the 1995 Supreme Court of Canada decision. The Code requires continued
display of the TPCA package warnings (with attribution to Health Canada) and
the display of specified warnings on tobacco product advertising. Among other
things, the Code also: 65
 requires pre-clearance of ads
 prohibits lifestyle ads, as defined in the Code
 prohibits advertising directed to persons other than adults and contains
additional youth-related restrictions
1997
Tobacco Act (Canada) reintroduces product advertising restrictions (treated as
product advertising ban) and phases out sponsorship. 66
1998 – present
1999
Health Canada introduces Intense Smoking Method
67
 ventilation holes are blocked before machine measurement
 larger and more frequent puffs (55 mL every 30 seconds, versus 35 mL
every 60 seconds)
1999
Quebec’s Tobacco Act. Prohibits:
68
 smoking at health and educational institutions, childcare services, public
transportation and workplaces
 all direct or indirect sponsorships
1999
Notice posted on PM USA website:
 “There is an overwhelming medical and scientific consensus that cigarette
smoking causes lung cancer, heart disease, emphysema and other serious
diseases”
 “Cigarette smoking is addictive, as that term is most commonly used today.
It can be very difficult to quit smoking, but this should not deter smokers who
want to quit from trying to do so.”
John McDonald (RBH) is quoted as not disagreeing with PM USA position. 69
2000
Regulations to Tobacco Act adapted including:
 Tobacco Products Information Regulations
70
 Tobacco Reporting Regulations 71
 New health warnings with pictures occupying 50% of pack
7
Date
Description
2000
Senate Committee Hearings on Bill S-20, Tobacco Youth Protection Act 72
2003
Last known reference on Health Canada website encouraging smokers to
switch to Light and Mild products73
2006
Agreement with Competition Bureau to eliminate “Light” and “Mild”
descriptors 74
2007
SCC interprets Tobacco Act as permitting product advertising 75
2008
Quebec Regulation under the Tobacco Act, OC 704-2008 76
•
2009
Quebec Retail Display Ban
Bill C-32:
77
 use of certain flavours and additives prohibited
 magazine advertising eliminated
2011
Canada Consumer Product Safety Act (only applies to cigarettes in terms of
light ignition propensity)78
2012
Federal Regulations:79
 Size of warnings enlarged (75%)
 T&N numbers no longer required to be set out on packages
8
SOURCE
1
Trial Exhibit 40002A-1908: Tobacco Restraint Act, S.C. 1908, c. 73.
2
Trial Exhibit 40346.246: E.K Walker, Delhi Research Station 1933-1983 Ottawa:
Research Branch, Agriculture Canada, Historical Series No. 17, 1983.
3
Minutes of Meeting of the Committee of the Privy Council, approved by Governor
General, 14 August 1944.
4
Trial Exhibit 40346.20: Smoking (1940).
5
Tobacco Tax Act, S.Q. 1940, c. 15.
6
Trial Exhibit 1410: Report, “A Scientific Perspective on the Cigarette Controversy,”
Tobacco Industry Research Committee.
Trial Exhibit 40346.146: Journal article, “Tobacco Smoking as an Etiologic Factor in
Disease,” Robert Schrek, Lyle A. Baker, George P. Ballard, and Sidney Dolgoff, 1
Cancer.
Trial Exhibit 20064.23: Miller, Lois Mattox, and James Monahan: "Que Valent les
Cigarettes a Bout Filtrant?" Sélection du Reader's Digest (July 1957); 81-87.
See also Trial Exhibits 30029.031; 30029.033; 30029.088; 30029.118; 30029.140,
30029.141; and 20065.89.
Trial Exhibit 40346.080: Wynder, Ernest L. And Graham, Evarts A., “Tobacco Smoking
as a Possible Etiologic Factor in Bronchiogenic Carcinoma” published in JAMA.
Trial Exhibit 40346.007: Doll and Hill, “Smoking and Carcinoma of the Lung –
Preliminary Report”, published in BMJ.
Trial Exhibit 40346.081: E. Wynder, Experimental Production of Carcinoma with
Cigarette Tar, Cancer Research, 8 June 1953.
Flaherty Report at para. 108. Miller, Lois Mattox, and James Monahan: "La Cigarette et
le Cancer," Sélection du Reader's Digest (August 1954); 24-30.
7
Trial Exhibit 40347.1: “Lung Cancer and Cigarette Smoking” by E. H. Lossing,
Epidemiology Division, Health Canada, January 1958.
8
Trial Exhibit 40346.106: Best, E.W.R.; Josie, G.H.; Walker, C.D., 1961 “A Canadian
Study of Mortality in Relation to Smoking Habits: A Preliminary Report”, Canadian
Journal of Public Health, 52(3), 99 – 106.
9
9
Trial Exhibit 40346.56: LAC, RG 29, Accession 1985-86/235, Box 150, File 6040-N161, Part 1. Department of National Health and Welfare, “Smoking and Health: A
Presentation of the Department of National Health and Welfare. Prepared for the
Canadian Conference on Smoking and Health, November 25 and 26, 1963, Ottawa,”
Appendix III (1963), 14, at PDF p. 79.
10
Trial Exhibit 40346.056: Department of National Health and Welfare. Smoking and
Health: Presentation Prepared for the Canadian Conference on Smoking and Health,
November 25 and 26, 1963, Ottawa. Ottawa: Department of National Health and
Welfare, 1963.
Trial Exhibit 20326: Letter from Health Canada Minister Judy LaMarsh to John Keith
(ITCAN), July 11, 1963.
11
Trial Exhibit 601: U.S. Public Health Service, 1964, Smoking and Health, Report of
the Advisory Committee to the Surgeon General of the Public Health Service, U.S.
Department of Health, Education, and Welfare, Public Health Service, Center for
Disease Control, PHS Publication No. 1103.
12
Trial Exhibit 40005B-1964: Cigarette Advertising Code of Canadian Tobacco
Manufacturers, June 16, 1964.
13
Trial Exhibit 40064.73: Department of National Health and Welfare Press Release,
“Nine out of Ten Canadians Aware of Cigarette Issue,” August 31, 1965.
Trial Exhibit 20529: Canadian Facts Survey, December 1964.
14
Trial Exhibit 20007.7: News release, “Minister of National Health and Welfare
Releases First Report of Tar-Nicotine Study”, November 20, 1968.
15
Trial Exhibits 40318; 40319: News release, “Second Report on Canadian Cigarette
Tar-Nicotine Content,” May 27, 1969.
Trial Exhibits 20007.8; 20007.10, 40346.390: News release, “Third Report on Canadian
Cigarette Tar-Nicotine Content,” December 12, 1969.
16
Trial Exhibit 1554.4: “Report of the Standing Committee on Health, Welfare And
Social Affairs on Tobacco and Cigarette Smoking”, November 1969, at p. 50.
17
Trial Exhibit 914: John Broen memo to file re “ISO versus Canadian testing methods,”
January 10, 1985.
18
Trial Exhibit 40346.272: Letter from Dr. Maurice LeClair (Deputy Minister of National
Health and Welfare) to Mr. S.B. Williams (Deputy Minister of Agriculture), 10 December
1970.
19
10
Trial Exhibit 20007.2: News release, “'Tar and Nicotine Levels of Canadian Cigarettes
Drop,” July 21, 1970.
20
Trial Exhibit 544E: Minutes of AHC Meeting in Montreal, January 12, 1971, at p. 8.
21
Trial Exhibit 40346.256: News release, “Fourth Report on Cigarette Tar-Nicotine
Content,” dated February 2, 1971.
22
Trial Exhibit 40346.273; 40332: Notes for an Address by Dr. D. C. Hamilton to the
Tobacco Industry at Delhi, Ontario, “Tobacco Research in CDA,” July 14, 1971.
23
Trial Exhibit 40347.12: Bill C-248, “An Act respecting the promotion and sale of
cigarettes”, First Reading, June 10, 1971, 3rd Session, 28th Parliament, 19-20 Elizabeth
II, 1970 – 71.
24
Trial Exhibit 40304: News release, “Tar and Nicotine Results Released,” August 17,
1971.
25
Trial Exhibits 40005D-1972, 20001: January 1, 1972 Cigarette Advertising Code of
the Canadian Tobacco Manufacturers’ Council (adopted on September 15 1971 to take
effect January 1 1972, amended with revised warning in May, 1972).
Trial Exhibit #40005D-1972 (MCS14965); 20001: Brochure, “Cigarette Advertising Code
of the Canadian Tobacco Manufacturers’ Council”, 1 January 1972. See also Trial
Exhibit 40005F-1973 1973 Warning (John Player Special advertisement).
26
Trial Exhibit 20007.3: News release, “Tar, Nicotine Test Results Released by Health
Minister,”' February 16, 1972.
27
Trial Exhibit 20007.9: News release, “Tar and Nicotine Levels in Cigarettes Show
Some Improvement,”' dated February 21, 1973.
28
Trial Exhibit 20079: Agriculture Canada Press Release, “New Tobacco Research
Labs,” January 22, 1973.
29
Trial Exhibit 20007.5: News release, “Tar and Nicotine Levels in Canadian
Cigarettes,” December 20, 1973.
30
Trial Exhibit 40005F-1973: John Player Special print advertising, January, 1973.
Trial Exhibit 20077: Letter to Mr. Paul Paré (CTMC) from Health Minister Lalonde,
January 3, 1973.
31
Trial Exhibit 20007.6: News release, “Tar, Nicotine Level Show Some Substantial
Reductions,” March 29, 1974.
32
Trial Exhibit 20104.1 and 20104.2: News release, “First Quarter 1974 Cigarette Tar
and Nicotine Statistics Released,” November 12, 1974.
11
33
Trial Exhibit 40005G-1975: January 1, 1975 Cigarette and Cigarette Tobacco
Advertising and Promotion Code of the Canadian Tobacco Manufacturers’ Council.
Trial Exhibit 40005H-1975: January 1, 1975 Regulations.
Trial Exhibit 40005K-1975: January 1, 1975 Cigarette and Cigarette Tobacco
Advertising and Promotion Code of the Canadian Tobacco Manufacturers’ Council
(amended).
34
Trial Exhibit 40005L-1976; 20003: January 1, 1976 Memorandum and Attachment,
Re: Cigarette and Cigarette Tobacco Advertising Code of the Canadian Tobacco
Manufacturers’ Council.
35
Trial Exhibit 20803.01: Minutes of Meeting, “Toward Less Hazardous Cigarettes:
Record of Simcoe Meetings,” January 25-27, 1977.
36
Trial Exhibit 40346.236: Minutes of Meeting, “Toward Less Hazardous Cigarettes:
Record of Guelph Meetings,” June 22-23, 1977.
37
Trial Exhibit 20178: March 1977 Staff Papers: Long Range Health Planning “Smoking
and Health in Canada”.
38
Trial Exhibit 50002: Letter from A.B. Morrison (Assistant Deputy Minister of Health
and Welfare Canada) to Mr. Paré (CTMC), July 6 1978.
39
Trial Exhibit 1554.50; 40346.154: News release, “Tar, Nicotine, Carbon Monoxide
Figures Released,” October 18, 1979.
40
Trial Exhibit 40347: Radhey S. Pandeya, J.C.D. Ankersmit and W.D. Rogers,
Agriculture Canada, Research Station, “Newdel, A New Flue-Cured Cultivar Released
for 1982,” in The Lighter, Vol. 52, No. 4 (Fall 1982), at p. 26.
Trial Exhibit 20845.02: Report, F.H. White and R.S. Pandeya, “Delgold – A New
Outstanding Flue-Cured Tobacco Cultivar.”
Trial Exhibit 40348.169: Report, R.S. Pandeya, “Candel a Flue-Cured Tobacco
Cultivar.”
41
Trial Exhibit 40346.320: News release, “Carbon Monoxide Levels in Cigarettes,”
January 12, 1981.
42
Trial Exhibits 1554.66; 1554.67: Letter from Health Minister Bégin to Mr. Paul Paré
(CTMC), April 10, 1981.
43
Trial Exhibit 40346.325 / MCS3307: News release, “Carbon Monoxide Yields of
Cigarettes,” January 26, 1982.
12
44
Trial Exhibit 40346.232: News release, “Carbon Monoxide Yields of Cigarettes,”
January 24, 1983.
45
Trial Exhibit 40167.1-R: Minister's Opening Address at the 5th World Conference on
Smoking and Health, July 11, 1983, at Winnipeg Canada.
46
Trial Exhibit 40005M-1984: January 1, 1984 Cigarette and Cigarette Tobacco
Trial Exhibit 40005M.1-R-1984: January 1, 1984 Cigarette and Cigarette Tobacco
Advertising and Promotion Code of the Canadian Tobacco Manufacturers’ Council
(amended).
47
Trial Exhibit 40346.321: News release, “Carbon Monoxide in Cigarette Smoke,”
January 23, 1984.
48
Trial Exhibit 40547.51: News release, “Sidestream Smoke from Canadian Cigarettes,”
June 19, 1984.
49
Trial Exhibit 40005N-1985: January 1, 1985 Cigarette and Cigarette Tobacco
50
June 14, 2012 Jacques Lariviere transcript. Also Trial Exhibit 30052: Letter from R.A.
Simpson (Executive Director, Ontario Ministry of Consumer and Commercial Relations)
to G. Mahood (NSRA), 27 May 1985.
51
Trial Exhibits 1554.85; 1554.86: News release, “Progress Toward the Goal of
Reducing Toxic Substances in Cigarette Smoke from Health Canada,” August 1, 1985.
52
Trial Exhibit 40346.323: News release, “Cigarette Smoke by the Litre,” January 20,
1986.
53
Trial Exhibits 40346.233; 50017: News release, “Tar, Nicotine and Carbon Monoxide
in Cigarette Smoke,” January 13, 1987.
54
An Act Respecting the Protection of Non-Smokers in Certain Public Places, R.S.Q. P38.01.
55
Trial Exhibit 601-1988: 1988 US Department of Health and Human Services Surgeon
General Report titled “The Health Consequences of Smoking.”
56
Trial Exhibit 40003A-1989: Tobacco Products Control Act, S.C. 1988, c. 20.
Trial Exhibit 40003B-1989: Tobacco Products Control Act Regulations, SOR/89-21.
57
Non-Smokers’ Health Act (1985, c. 15 (4th Supp.)) [1988, c. 21, assented to 28 June
1988].
13
58
Trial Exhibit 40003B-1989: Tobacco Products Control Act Regulations, SOR/89-21.
59
Trial Exhibit 212: Report, “Tobacco, nicotine, and addiction: A Committee Report
Prepared at the request of the Royal Society of Canada for the Health Protection
Branch, Health and Welfare Canada,” August 31, 1989.
60
Trial Exhibit 40002-B1993: Tobacco Sales to Young Persons Act, S.C. 1993, c. 5,
s.11, as rep. by Tobacco Act, S.C. 1997, c. 13, s. 65.
61
Trial Exhibit 40002C-C1994: Tobacco Sales to Young Persons Act, amendment.
62
Trial Exhibit 40003E-1994: Tobacco Products Control Regulations SOR/93-389.
63
Trial Exhibit 883B: Report by W.S. Rickert (Labstat), “A Historical Study of Nicotine
Yields of Canadian Cigarettes in Relation to the Composition and Nicotine Content of
Cigarette Tobacco (1968-1995) Final Report,” March 31 1995.
64
RJR-Macdonald Inc. v. Canada (Attorney General), [1995] 3 S.C.R. 199.
65
Trial Exhibit 40005O-1995; Trial Exhibit 40005P-1995.
See also Trial Exhibit 40005S-1996 for amendments.
66
Trial Exhibit 40004A-1997; amended in 1998 by 40004B-1998: Tobacco Act, S.C.
1997, c. 13.
67
Health Canada Tobacco Control Programme, “Determination of Tar, Nicotine and
Carbon Monoxide in Mainstream Tobacco Smoke”, December 1999.
68
Tobacco Act, S.Q. 1998, c. 33.
69
B. McKenna and J. Saunders, “Philip Morris admits cigarette smoking is a health
hazard – Tobacco giant posts Internet warning as part of $100-million remake of
corporate image”, Globe & Mail (October 14, 1999)
70
SOR/2000-272.
71
SOR/2000-273.
72
Proceedings of the Standing Senate Committee on Energy, the Environment and
Natural Resources, 8 June 2000.
73
Health Canada Press Release on Lung Cancer in Canada, May 9, 2003, Trial Exhibit
30037 at p. 5.
74
See Trial Exhibit 40016, Agreement Between JTI-Macdonald Corp. and The
Commissioner of Competition. Also see agreement, “Agreement Between Rothmans,
14
Benson & Hedges Inc. and the Commissioner of Competition”, November 2006.
Document No. 150244A.
75
Canada (Attorney General) v. JTI-Macdonald Corp., [2007] 2 S.C.R. 610, 2007 S.C.C.
30.
76
Regulation under the Tobacco Act, OC 704-2008.
77
Bill C-32: An Act to Amend the Tobacco Act, S.C. 2009 c. 27.
78
Canada Consumer Product Safety Act, S.C. 2010, c. 21.
79
Tobacco Products Labelling Regulations (Cigarettes and Little Cigars), SOR/2011177.
15
Appendix C
From 1968
to 2012, Government Has Ensured Tar/Nic Information Provided to Consumers to encourage them to switch to lower tar products
25
25
1968 – 1986
21 league tables and press releases published
1972
Voluntary Code sets Tar (22mg) and Nicotine (1.6mg) maximums
20
1975 - 1989
Tar/Nicotine numbers appear in ads
1976 - 2011
15
Tar/Nicotine numbers appear on packs
1978-1984
In 1978 Health Canada sets 1984 SWAT goal of 12mg
10
1999 - 2012
1999 Canadian Intense Method numbers now reported
5
Sales Weighted Average Tar (mg)*
Appendix D
There Has Been a
Warning on Cigarette
Packages Since 1972
1972
1975
Warnings on Packages
1989
Four Rotating
Warnings
(20%) (TPCA)
Warning: The Department of
National Health and Welfare
advises that danger to health
increases with amount smoked.
1960’s
1994
Eight Rotating
Warnings, Incl.
Addiction (30-40%)
(TPCA)
2000
2012
Sixteen Rotating
Graphic Warnings
(75%) (TA)
Sixteen Rotating
Graphic Warnings
(50%) (TA)
Warning: Health and Welfare
Canada advises that danger to
health increases with amount
smoked – avoid inhaling
1970’s
1980’s
1990’s
2000’s
1989: Four Rotating Warnings, 20% of pack
1994: Eight Rotating
Warnings, 30-40% of
pack
Appendix E
1964
1995
Industry Code Bans
1962
No Radio and
Television
Advertising
Before 9pm
- advertising directed to
those under 18
- use of human models
under the age of 25;
- use of celebrities/
athletes in ads that
would appeal to minors
1971
Operation ID
1986
Industry Code Bans
- all advertising on radio
and television
- promotion offers of cash,
prizes, or gift coupons
Industry Code Bans
Advertising In
Magazines Unless
75%+ Readership Is
18 And Older
No Outdoor
Advertising
Within 200
Metres of Schools
Code Restrictions to Minimize “Spillover” of Advertising to Youth
Restrictions on Advertising
1964
1972
1994 1995 1997
1988
The Promotional Activities
ofManufacturers Have Been
Continuously Restricted
TPCA
SCC Strikes
Key Provisions
of TPCA
TSYPA
1999
2003
End of
“light”
and “mild”
QC
Tobacco
Act
Health Canada
W ebsite Removes
Encouragement for
Smokers to Switch
to L&M Products
Tobacco Act: Reintroduces
product advertising
restrictions. Manufacturers
treat it as ban.
(U ntil 1964)
No TobaccoSpecific
Advertising
Restrictions
(1964 to 1989)
Industry Advertising Code/
Cooperative Regulation with G overnment Encouraging
Promotion of Low Tar Products with Restrictions on Advertising
1960’s
1970’s
1980’s
No Advertising
(TPCA), but Company
Sponsorships
Some
Adv.,
New
Ind.
Adv.
Code
1990’s
No advertising
(TA),
Sponsorships
Phase Out
2006 2007 2008
2011
CCPSA
SCC interprets
Tobacco Act,
permitting
advertising
Sponsorship
Phased Out
QC Retail
Display
Ban
SOME
Magazine
Adv.
NO
Bar
Promo
Advertising
Advertising
D irect Mail Banned (C3 2 )
Mag. Adv.
2000’s
Appendix F
BLAIS PRESCRIPTION
PUNITIVE
DAMAGES
Nov. 20,
1995
Feb. 21,
2005
July 3,
2010
Mar. 12,
2012
July 3,
2013
(3 yrs prior to
filing suit)
(class auth.
judgment)
(3 yrs prior to
class expansion
ruling)
(Blais class
cutoff date)
(class expansion
ruling)
not revived by HCCRA
permitted by normal rules of
prescription: 3 years before filing up
to orig. class notice
claims not
advanced within
3 years prior to
class expansion
permitted
by normal
rules
revived by HCCRA
permitted by normal rules of
prescription: 3 years before filing up
to orig. class notice
claims not
advanced within
3 years prior to
class expansion
permitted
by normal
rules
COMPENSATORY
DAMAGES
ORIGINAL CLASS
Prescribed
EXPANDED CLASS
Permissible

Rothmans, Benson and Hedges Notes and Authorities Appendix A

Transcription

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