British American Tobacco, Gallaher, Imperial and Rothmans, who produce almost 90% of British cigarette brands, have applied for a judicial review of a report by the Scientific Committee on Tobacco and Health.

SCOTH is the main advisory body to the government on tobacco issues.

Is it the last gasp for smokers?

The companies fear recommendations in its report could be incorporated into a White Paper on smoking expected later in the year.

SCOTH's report on young people and smoking and tobacco advertising makes 37 recommendations, including a ban on smoking in all work places and on public transport, and on tobacco advertising.

It also says that tobacco companies are deliberately targeting young people, which the companies deny.

Issue of fairness

Dr Chris Proctor, head of science and regulation at BAT, called the report "unfair and irregular".

He said: "Whatever one's views on smoking, an official scientific committee giving policy advice on tobacco has a duty to consider objectively all the evidence, including representations from tobacco companies."

Dr Proctor added that relations between SCOTH and the tobacco industry, which had previously been good, had broken down over the last year over the report.

Clive Bates of anti-smoking group ASH said he was 'disgusted' at the firms' action. "This is the last desperate attempt by the King Canutes of tobacco, trying to hold back the tide of facts and evidence about smoking," he said.