The Minister for Health has sought the Attorney General's advice about the possibility of prosecuting two tobacco companies who failed to reply to requests for information about the ingredients of tobacco products.

Mr Cowen told Fine Gael's health spokesman, Mr Alan Shatter, that replies by the tobacco industry on the disclosure of ingredients were considered inadequate.

Tobacco industry representatives were told this at a recent meeting with Department officials. Two companies "have not furnished any details to date. Officials from the Department have again requested that information", he said.

"In the meantime I have instructed my officials to refer this specific matter to the Attorney General for further advice with a view to preparing a file for the Chief State Solicitor's office."

He said the tobacco-free policy group which he had set up had prepared an interim report on litigation against the tobacco industry in the United States. The report was referred to the Attorney General for advice about the method of release, and that advice was being examined in the Department.

Mr Shatter asked if the AG's office had been asked to give a "substantive view" and specifically undertake work needed to start bringing litigation.

The Minister said the first priority was to arrange for the publication of the report and it was his intention to bring a memorandum to Government on certain matters to establish how they should proceed with the case.