Tobacco control advocates in Bangladesh recently won a significant victory against the tobacco industry.  Advocates filed a writ petition against Imperial Tobacco (Bangladesh) Limited for their advertising campaign for Thames cigarettes, in which people could fill out a coupon to join a lottery for a plane ticket to London.

Advertising campaigns using lotteries are illegal in Bangladesh, as they are considered a form of gambling. In response to the writ petition, the High Court Division of the Supreme Court of Bangladesh issued an order to stay all promotional/advertising campaign by Imperial Tobacco (Bangladesh) Limited to promote its tobacco products, namely Thames cigarettes.

The petition was filed by Advocate Sheikh Rafiqul Islam,  Program Director of Law and Society Trust of Bangladesh (LSTB), and argued by Ms. Tania Amir, Barrister at Law, also of LSTB. In addition to the lottery aspect of the campaign, the main thrust of Barrister Tania's arguments was that Imperial Tobacco (BD) Ltd. has been conducting promotional activities of its product in violation of fundamental rights, e.g. the right to life, and that no action may be taken detrimental to life. The right to life is protected by the constitution of the People's Republic of Bangladesh.

The Court called upon the respondents, which included the Government of Bangladesh, Imperial Tobacco, and the publisher of advertisements, to show cause as to why the promotional advertisement activities of Imperial Tobacco (BD) Ltd. should not be declared to be illegal, and why exemplary damages shall not be awarded which shall be used for counter advertisement and awareness programs against the use of tobacco.  The judges also stayed all promotional advertisement activities of Imperial Tobacco (BD) Ltd. for a period of two months.

The advertising campaign was first noted by Rafiqul Islam Milon of Manobik, an anti-drug organization heavily involved in tobacco control and one of the leading organizations of the Bangladesh Anti-Tobacco Alliance.  Mr. Milon carefully documented the campaign, providing the evidence for the case.