A judge ruled on Monday that the four firms - British American Tobacco, Gallaher, Imperial and Rothmans - can call a judicial review of the report by the Scientific Committee on Tobacco and Health (SCOTH).

The report puts forward 37 recommendations and the firms, which control 90% of the UK tobacco industry, fear it could form part of the government's expected White Paper on tobacco use, due out later this year.

The firms won their case on the basis that SCOTH did not consult them on the report. They are seeking permission to stop the government from taking the report into account when devising its policy on tobacco.

Relations between SCOTH and the companies broke down around a year ago. Before that, they had worked closely together to develop voluntary controls on tobacco use.

Smoking ban

SCOTH is the main advisory body to the government on tobacco issues. Its report on young people and smoking and tobacco advertising includes a call to ban smoking in all work places and on public transport and to bar tobacco advertising.

SCOTH's report claims tobacco firms are encouraging the young to smoke

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

The tobacco firms' move comes after pressure was increased against them by anti-smoking group ASH.

It recently issued a challenge to the tobacco industry, asking it to accept 10 'facts' about the harmful affect of cigarettes on health.

Florida trial

Meanwhile, in the USA, the first major case against the tobacco industry since the collapse of a tobacco bill in Congress is due to begin this week.

The jury in the Florida case is being selected on Monday. A couple is seeking damages of up to $200bn on behalf of as many as 500,000 people who claim they have become ill through smoking.

Stanley and Susan Rosenblatt, both lawyers, successfully won $349m for flight attendants last year, claiming they were harmed by passive smoking.

They accuse the tobacco industry of glamourising tobacco while hiding research which shows its harmful effects.