BAT wins order against recall of new cigarette brand from shops
BAT holds that the same brand is sold in the same packet in other countries that have similar tobacco control laws, hence the recall by the ministry is unwarranted. PHOTO | FILE
BAT has won the first round in a battle against recall of one of its menthol cigarettes brand by the Ministry of Health issued on January 13.
Justice Weldon Korir on Tuesday ordered that BAT to continue selling the Dunhill Switch cigarette brand until he determines a dispute between the tobacco products manufacturer and the Director of Medical Services over text published on the packets.
The Director of Medical Services accused BAT of running a promotion of its products through a message on the cigarette packets, in contravention of the Tobacco Control Act, hence ordered a recall of the brand.
BAT, however, holds that the “switch the experience, refresh the taste” message on the cigarette packs is not a promotion, and that it is designed to inform adults who have consented to consuming the product of how to turn the plain cigarette into a menthol one.
“Leave is hereby granted to BAT to apply for an order quashing the decision of the Director of Medical Services wherein he has demanded that the applicant should stop circulating Dunhill Switch. The leave operates as a stay on the decision,” Justice Korir said.
The judge issued the orders so as to protect BAT from incurring losses, as the Health ministry had yet not responded to the suit. He will hear the matter on February 25, and directed the Director of Medical Services to respond to the suit before then.
BAT holds that the same brand is sold in the same packet in other countries that have similar tobacco control laws, hence the recall by the ministry is unwarranted.
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