R v Secretary of State for Health, ex parte United States Tobacco International Inc.

JurisdictionEngland & Wales
Judgment Date21 December 1991
Date21 December 1991
CourtQueen's Bench Division

Queen's Bench Divisional Court

Before Lord Justice Taylor and Mr Justice Morland

Regina
and
Secretary of State for Health, Ex parte United States Tobacco International Inc

Judicial review - oral snuff - fairness of ban

Oral snuff ban was imposed unfairly

In banning oral snuff, the Secretary of State for Health acted unlawfully in that he acted unfairly by failing to consult the applicants who had a particular interest as the sole manufacturer of oral snuff in the UK and who had set up their factory with government encouragment and financial assistance.

The Queen's Bench Divisional Court so held in a reserved judgment in allowing an application for judicial review by United States Tobacco International Inc against the decision of the secretary of state dated December 13, 1989 to make the Oral Snuff (Safety) Regulations (SI 1989 No 2347) which provided that no person should supply, offer to supply, agree to supply or possess for supply any oral snuff.

Mr Michael Beloff QC, Mr Stuart Isaacs and Mr David Pannick for the applicants; Mr David Latham, QC and Mr Nigel Pleming for the secretary of state.

LORD JUSTICE TAYLOR said that in 1984 the applicants, a company incorporated in the United States, were looking for a manufacturing and packaging base outside the US. They discussed with the Department of Trade and Industry and the Industry Department for Scotland the possibility of setting up a factory to market their products, Skoal Bandits, in Scotland.

They were encouragd by the government departments to do so and were offered government grant by way of incentive. In the result, the applicants built a factory at East Kilbride near Glasgow which was opened in 1985. They received £193,357 of government grant.

The government was aware of medical opinion as to a causal connection between oral snuff and cancer, especially of the mouth. In 1977, the Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment (COC) was set up as a committee of experts to advise the secretary of state.

When the applicants indicated their intention to market Skoal Bandits in the UK, the COC was asked to advise on the health implications of using oral snuff. In January 1984 the COC advised there was a causal link with oral cancer, although the overall health risk was less than that of smoking.

The government response was to negotiate with the applicants a voluntary agreement whereby the applicants undertook not to market oral snuff to persons under the age of 18. That agreement was made on April 18, 1985. On June 6, 1986 the agreement was revised to include a requirement for health warnings to be given.

The revised agreement was to apply until December 1987 but by letter dated February 8, 1988 it was extended to April 30, 1988. Even after that letter there were further discussions about possible variations to the...

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