"We object to the excessive expropriation of our packages and trademarks," said Don Brown, Imperial chairman and chief executive. The company is Canada's largest cigarette maker.

Imperial, along with JTI-Macdonald Corp and Rothmans, Benson and Hedges Inc., have asked a Quebec court to declare the labeling rules and other reporting requirements invalid. They also are seeking an immediate suspension of the federal requirements.

Under the new rules, which go in effect in January, warnings would cover the top half of the fronts and backs of tobacco product packs. In addition to text, such as "Cigarettes Cause Mouth Disease," the warning includes a graphic or photo, such as depicting rotten gums and stained teeth.

In responding to the legal action taken by the tobacco companies, Catherine Lappe, a senior advisor to Health Minister Allan Rock, said, "The Supreme Court of Canada has set out some clear guidance on what we can and can't do in this field. We have taken this into account. When the day comes when we have to defend our choices in court, we'll be ready."

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