Fita heads back to court to appeal against ruling that tobacco remains banned

Last Friday, a full bench of the high court dismissed Fita's application to set aside the regulation banning the sale of tobacco products. The court held that cigarettes were not essential.

“Differential or preferential treatment for tobacco products and/or the tobacco industry therefore cannot be countenanced, as tobacco products were simply not considered to be essential,” the full bench said in its judgment. It also said the court erred in not finding that the regulations under consideration were not rational or necessary within the meaning of section 27 of the act.

It said that in the absence of sufficient or credible evidence of a link between the sale of tobacco products and a cessation of smoking — which, it said, there was no satisfactory evidence of — and a further link between the sale of tobacco products and an increased strain on the country’s health-care facilities — again, Fita argued there was no such satisfactory evidence — there could be no valid or rational basis for the regulations imposing the ban.

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