Imperial Tobacco Canada has filed a legal challenge against Nova Scotia’s menthol ban, which is set to take effect on May 31.
“By prohibiting the sale of menthol cigarettes, the government of Nova Scotia has stepped beyond its legislative authority, which leaves us with no other choice than to bring this matter in front of the courts,” said Caroline Ferland, vice president of corporate and regulatory affairs in a statement issued through Canada Newswire.
“The Nova Scotia government’s decision to default to knee-jerk regulation rather than fact-based regulation informed through meaningful public consultation will only exacerbate the already well-established illegal tobacco problem in the province.”
Imperial said that menthol products had been on the market for more than 80 years and that they were preferred by older people. Menthol had twice been exempted from tobacco flavor bans by the federal government because of a lack of evidence demonstrating it was attractive to youth.
‘In addition, banning menthol tobacco products will not eliminate them from the Nova Scotia market,’ Imperial said. ‘Instead of buying them from responsible retailers who comply with the law, the adult smokers who choose to smoke menthol products will turn to criminals to purchase their products.
‘There are currently more than 35 brands of menthol cigarettes available on the illegal tobacco market and the RCMP has identified more than 175 criminal organizations in Canada who profit directly from the sale of illegal tobacco.’
“It is not often that illegal tobacco dealers get a new business opportunity presented to them on a silver platter,” said Ferland.