13 August 2009

NSW Health wins Supreme Court tobacco case against Coles Express

NSW Health Chief Health Officer, Dr Kerry Chant, said a Supreme Court decision had found Coles Express guilty of breaching tobacco advertising prohibitions within the Public Health Act.

Dr Chant said NSW Health had prosecuted the retail chain giant for instructing its employees to verbally encourage customers to purchase tobacco products. When a customer requested a single packet of cigarettes, Coles Express employees were instructed to inform the customer that they could buy a second packet at a reduced rate.

In court, Justice Bruce James recognised that Eureka Operations, which operates as Coles Express, foresaw a substantial financial benefit to itself by pursuing this course of action. Justice James found Eureka Operations guilty of charges in relation to 26 offences from its stores across the state.

He ordered Eureka Operations to pay $107,000 plus NSW Health's costs of $50,000.

``Verbal tobacco advertisements are banned in NSW under the Public Health Act,'' Dr Chant said.

``Smoking is the single greatest cause of premature death in NSW, as well as the leading cause in preventable disease.

``More than 55,000 hospitals visits each year are attributable to tobacco smoking.

"As the use of tobacco products leads to addiction, disease and premature death, the sale, advertising and display of these products needs to be carefully regulated.

``By initiating these prosecutions in the Supreme Court, NSW Health has sought to emphasise the seriousness of these types of public offences and we are delighted the court recognised this.

``This decision sends a clear message to tobacco retailers that NSW Health is committed to safeguarding the health of the community.

``We welcome Eureka's expression of genuine regret for its actions.''

For a range of health information, go online to www.health.nsw.gov.au