Low-tar cigarette lawsuit not over, as campaigner vows to keep up health fight

Li Enze has modest hopes for his lawsuit accusing a mainland cigarette maker of false advertising. He's under no illusions about the clout of the tobacco industry.

Li is suing manufacturer China Tobacco Jiangxi Industrial (CTJI) and a Beijing supermarket that sold him a 10-pack carton of Jinsheng cigarettes in March last year. He is seeking 250 yuan, or about twice the cost of the carton, arguing that their claim the low-tar cigarettes with Chinese herbs are a safer option than regular ones amounts to false advertising.

After losing the initial case, Li filed an appeal to a Beijing court. But on Friday the court upheld the lower court's ruling.

Li said yesterday that he would not give up.

"I told the defence lawyer of the tobacco company that they will be busy again soon because I will apply to Beijing high court to hear the case again. If I still lose, then I will appeal to the supreme court."

Even getting the initial case heard was unprecedented. It was the first time a claim against a tobacco company had been accepted by a mainland court. All previous attempts had failed.

"I was told the case was accepted as a usual commercial fraud case. It was too late by the time they realised it was a case for tobacco control. I was told it might not be easy to get such a lawsuit accepted by a court in Beijing again," Li said.