British American Tobacco has filed a case in court challenging a directive by the Ministry of Health stopping the circulation of its Dunhill Switch cigarette brand.
BAT has been manufacturing the brand since November 2012. Internationally, it is sold across 46 markets worldwide – in Africa, Middle East, the Americas, Asia Pacific and Europe.
The cigarette brand allows adult consumers to switch taste from plain to menthol flavour.
Through lawyer Nazima Malik, BAT says the director of medical services has issued a demand notice requiring it to cease circulating Dunhill Switch or any other cigarette packs containing the words 'Crush the capsule', 'Switch the experience', 'Refresh the taste', 'Switch' and 'Refresh the twist' tagline slogans.
The ministry has threatened to take “adverse action” against BAT in the event that the demand notice is not complied with, according to Malik.
“We are extremely apprehensive that the director of Medical Services is likely to force the removal of BAT Dunhill Switch product from the market, which will paralyse their business and will also have an adverse effect on business of 11,310 wholesalers and retailers who stock the product all over Kenya,” reads part of the court document.
However, BAT says it is not running a promotion of its Dunhill twist brand as alleged by the ministry and has not contravened the provisions of sections 23 and 25 of the Tobacco Control Act in anyway.
The cigarette maker says it was not issued with warnings prior to the notice and has not been granted opportunity to respond to it.
BAT is seeking an order against the director of medical services, prohibiting him from demanding the removal of Dunhill Switch packs from the Kenyan market, and suspension of the notice until determination of the application.
The firm says the wording in the Dunhill Switch pack merely gives adult consumer’s instructions on how to flip the taste.
“The demand is unlawful and the respondent has no jurisdiction to invoke the provision of section 23 of the Tobacco Act,” it says.
High Court Judge Weldon Korir certified the matter as urgent and directed
the parties to file and serve necessary documents ahead of the hearing date
on February 10.
