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Tobacco foes do slow burn as feds hang fire

Health minister says he needs more time to decide whether to tighten ad restrictions


SARAH SCHMIDT
Canwest News Service

Friday, July 18, 2008
Montreal Gazette

A year after pledging to close any legal loopholes that allow tobacco companies to reach children and youth through advertising campaigns, federal Health Minister Tony Clement says he still needs more time to figure out if the Tobacco Act should be tightened.

After the Supreme Court upheld the constitutionality of tight restrictions on tobacco advertising in June 2007, Clement talked tough on the need to modernize legislation so industry couldn't exploit the court ruling, which left the door open to some advertising, including using text messaging or Internet marketing, to reach young people. He announced then that he asked his staff to review the law to see if loopholes needed to be closed.

A year later, Clement has repeated the same pledge in response to an inquiry on the issue. He has "directed his officials to examine any loopholes that exist and all regulatory options that are legally permissible," his office said a statement this week.

Cynthia Callard, executive director of Physicians for a Smoke-Free Canada, says anti-smoking advocates were cheered by Clement's "very quick" response to the Supreme Court ruling. The follow-through is another matter, she said.

"Less encouraging is the time it takes to translate a stated concern for tobacco ads being directed at young people into actual government action to protect those vulnerable Canadians."

This isn't the only tobacco-control initiative moving slowing at Health Canada. In November 2004, the agency launched a 30-day consultation about a regulatory proposal to include warnings in tobacco advertising. Health Canada confirmed this week that the proposed regulations will not be ready for publication in the Canada Gazette until next spring or summer, four years after the summary of the consultation was completed and three years after Health Canada conducted focus groups about the matter.

Callard said this timeline points to a "very broken federal regulatory system."