The DMA is lobbying peers ahead of this week's third reading of Liberal Democrat Lord Clement-Jones' Private Member's Bill to ban tobacco advertising, promotion and sponsorship. The Bill has the support of the government.
In its present form, the Bill says that companies will not be permitted to communicate with customers unless they receive permission each time they want to send a mailing.
The attack on the government follows the withdrawal of an amendment to the Bill that would have allowed tobacco marketers to mail smokers on their database without seeking their permission each time. The amendment was withdrawn because of lack of support.
The DMA, whose members include Gallaher, Rothmans, and Imperial Tobacco, believes current self-regulatory provisions are adequate. It argues that the additional constraints to be introduced under the bill will impose an unjustifiable burden on companies that are attempting to sell a legal product.
"We think this is an unnecessary burden on business. It is too restrictive to impose such restraints when there is already more than adequate protection for consumers,
said DMA director of public affairs Caroline Roberts.
"The government's stance on this issue is anti-business."
At least one of the tobacco firms is considering allocating shares to customers to bypass the proposed legislation and communicate regularly without gaining permission each time.
After its third reading and any amendments, the Bill will pass to the House of Commons, where the government will support it.
Banning tobacco marketing was a manifesto commitment of New Labour in 1997, but introducing the legislation to the statute book has been an arduous, and so far unsuccessful, process.
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