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Legal Challenges & Litigation

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Call To Action

Governments must resist legal challenges and the attempted use of economic treaties orchestrated by the tobacco industry to prevent or overturn tobacco control legislation.

Governments, organizations and individuals should consider taking legal action to support existing tobacco control laws, and to deal with criminal and civil liability, including compensation where appropriate.

LEGAL CHALLENGES
Legal challenges by the industry are being launched around the world to prevent government tobacco control action. The vast legal resources of the large multinational tobacco firms are commonly pitted against the often limited legal resources of a low- or middle-income country. These legal challenges, which may include invoking economic agreements, are expensive to defend and invariably delay implementation of laws passed in the interest of public health. For example, in 2014 British American Tobacco had 450 people in its regulatory-affairs team involved with aggressive lobbying to prevent plain-packaging regulations within the United Kingdom. The threat of litigation is likely stifling legislative and regulatory efforts in many places.

In November 2010, the WHO Framework Convention on Tobacco Control Conference of Parties adopted the Punta del Este Declaration in support of WHO FCTC Parties who are facing legal attacks for implementing the treaty and its guidelines. The Declaration outlined concern regarding legal actions taken by the tobacco industry that seek to subvert and undermine government policies on tobacco control. The Declaration stated that Parties have the right to define and implement national public health policies pursuant to compliance with conventions and commitments under WHO, particularly with the WHO FCTC.

Smokers’ rights, neo-libertarian and other front groups, funded by the tobacco industry, are being used globally to challenge tobacco control legislation.

LITIGATION
Litigation against the tobacco industry has been sponsored by individuals or groups of individuals, public health advocates, organizations or governments to recoup the economic harm from tobacco products. Such litigation has been based on grounds such as “health harms, wrongful death, healthcare costs, involvement in smuggling, racketeering, conspiracy, defective product, concealment of scientific evidence, fraud, deception, misconduct, failure to warn consumers adequately of the dangers of tobacco smoke, negligence and exposing the public to unreasonable danger.”

Legal Challenges: Americas

Resisting legal challenges to tobacco control: Selected countries, 2010-2014
Resources

Sources

Campaign for Tobacco-Free Kids. Philip Morris Asia Limited v. Commonwealth of Australia (Procedural Order No.4) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Sinditabaco v. ANVISA – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Naya Bans Sarv Vyapar Assoc. v. India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Smoke Free Partnership. TPD negotiations successfully conclude with compromise agreement. [cited 2014 Oct 31].

Smyth B. Shadowy lobbying against Tobacco Products Directive. tobaccounpacked. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Rajat Industries v. Union of India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Judicial Review of Law No. 36 of 2009, Ruling in Case No. 66 – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Philip Morris Norway v. Health and Care Services of Norway – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Baig v. Province of Punjab (WP No. 15814-2012) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. British American Tobacco of Peru S.A.C. v. Congress of the Republic – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Decision Search – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 2].

Campaign for Tobacco-Free Kids. Imperial Tobacco v. Lord Advocate (Scotland) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. British American Tobacco South Africa (PTY) Limited v. Minister of Health, et al. – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Ceylon Tobacco v. Minister of Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. JT International (Thailand) v. Minister of Public Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Imperial Tobacco Ltd., Re Judicial Review – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. R.J. Reynolds v. Food & Drug Administration – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Legal Challenges: Europe

Resisting legal challenges to tobacco control: Selected countries, 2010-2014
Resources

Sources

Campaign for Tobacco-Free Kids. Philip Morris Asia Limited v. Commonwealth of Australia (Procedural Order No.4) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Sinditabaco v. ANVISA – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Naya Bans Sarv Vyapar Assoc. v. India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Smoke Free Partnership. TPD negotiations successfully conclude with compromise agreement. [cited 2014 Oct 31].

Smyth B. Shadowy lobbying against Tobacco Products Directive. tobaccounpacked. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Rajat Industries v. Union of India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Judicial Review of Law No. 36 of 2009, Ruling in Case No. 66 – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Philip Morris Norway v. Health and Care Services of Norway – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Baig v. Province of Punjab (WP No. 15814-2012) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. British American Tobacco of Peru S.A.C. v. Congress of the Republic – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Decision Search – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 2].

Campaign for Tobacco-Free Kids. Imperial Tobacco v. Lord Advocate (Scotland) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. British American Tobacco South Africa (PTY) Limited v. Minister of Health, et al. – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Ceylon Tobacco v. Minister of Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. JT International (Thailand) v. Minister of Public Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Imperial Tobacco Ltd., Re Judicial Review – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. R.J. Reynolds v. Food & Drug Administration – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Legal Challenges: Eastern Mediterranean

Resisting legal challenges to tobacco control: Selected countries, 2010-2014

2012
PAKISTAN
The Lahore High Court dismissed a petition by SHISHA CAFÉ OWNERS against the smoke-free law.

Resources

Sources

Campaign for Tobacco-Free Kids. Philip Morris Asia Limited v. Commonwealth of Australia (Procedural Order No.4) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Sinditabaco v. ANVISA – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Naya Bans Sarv Vyapar Assoc. v. India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Smoke Free Partnership. TPD negotiations successfully conclude with compromise agreement. [cited 2014 Oct 31].

Smyth B. Shadowy lobbying against Tobacco Products Directive. tobaccounpacked. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Rajat Industries v. Union of India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Judicial Review of Law No. 36 of 2009, Ruling in Case No. 66 – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Philip Morris Norway v. Health and Care Services of Norway – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Baig v. Province of Punjab (WP No. 15814-2012) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. British American Tobacco of Peru S.A.C. v. Congress of the Republic – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Decision Search – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 2].

Campaign for Tobacco-Free Kids. Imperial Tobacco v. Lord Advocate (Scotland) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. British American Tobacco South Africa (PTY) Limited v. Minister of Health, et al. – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Ceylon Tobacco v. Minister of Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. JT International (Thailand) v. Minister of Public Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Imperial Tobacco Ltd., Re Judicial Review – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. R.J. Reynolds v. Food & Drug Administration – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

“In my view,something is fundamentally wrong in this world when a corporation can challenge government policies introduced to protect the public from A PRODUCT THAT KILLS.” —DR MARGARET CHAN, Director-General WHO, World Health Assembly, 201

Legal Challenges:South East Asia

Resisting legal challenges to tobacco control: Selected countries, 2010-2014
Resources

Sources

Campaign for Tobacco-Free Kids. Philip Morris Asia Limited v. Commonwealth of Australia (Procedural Order No.4) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Sinditabaco v. ANVISA – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Naya Bans Sarv Vyapar Assoc. v. India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Smoke Free Partnership. TPD negotiations successfully conclude with compromise agreement. [cited 2014 Oct 31].

Smyth B. Shadowy lobbying against Tobacco Products Directive. tobaccounpacked. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Rajat Industries v. Union of India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Judicial Review of Law No. 36 of 2009, Ruling in Case No. 66 – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Philip Morris Norway v. Health and Care Services of Norway – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Baig v. Province of Punjab (WP No. 15814-2012) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. British American Tobacco of Peru S.A.C. v. Congress of the Republic – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Decision Search – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 2].

Campaign for Tobacco-Free Kids. Imperial Tobacco v. Lord Advocate (Scotland) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. British American Tobacco South Africa (PTY) Limited v. Minister of Health, et al. – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Ceylon Tobacco v. Minister of Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. JT International (Thailand) v. Minister of Public Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Imperial Tobacco Ltd., Re Judicial Review – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. R.J. Reynolds v. Food & Drug Administration – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Legal Challenges: Western Pacific

Resisting legal challenges to tobacco control: Selected countries, 2010-2014

2011+
PHILIPPINES
Various legal cases regarding jurisdiction over tobacco regulations, including graphic health warnings, TAPS bans and smoking bans are ongoing.

2011
AUSTRALIA
The Australian government is fighting challenges to its Tobacco Plain Packaging Act. One challenge is from PHILIP MORRIS ASIA using a bilateral investment treaty between Australia and Hong Kong. The other challenge is from several countries using the World Trade Organization.

Resources

Sources

Campaign for Tobacco-Free Kids. Philip Morris Asia Limited v. Commonwealth of Australia (Procedural Order No.4) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Sinditabaco v. ANVISA – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Naya Bans Sarv Vyapar Assoc. v. India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Smoke Free Partnership. TPD negotiations successfully conclude with compromise agreement. [cited 2014 Oct 31].

Smyth B. Shadowy lobbying against Tobacco Products Directive. tobaccounpacked. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Rajat Industries v. Union of India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Judicial Review of Law No. 36 of 2009, Ruling in Case No. 66 – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Philip Morris Norway v. Health and Care Services of Norway – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Baig v. Province of Punjab (WP No. 15814-2012) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. British American Tobacco of Peru S.A.C. v. Congress of the Republic – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Decision Search – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 2].

Campaign for Tobacco-Free Kids. Imperial Tobacco v. Lord Advocate (Scotland) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. British American Tobacco South Africa (PTY) Limited v. Minister of Health, et al. – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Ceylon Tobacco v. Minister of Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. JT International (Thailand) v. Minister of Public Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Imperial Tobacco Ltd., Re Judicial Review – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. R.J. Reynolds v. Food & Drug Administration – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Legal Challenges: Africa

Resisting legal challenges to tobacco control: Selected countries, 2010-2014

2012
SOUTH AFRICA
The Constitutional Court dismissed an appeal by BRITISH AMERICAN TOBACCO over suing the Minister of Health claiming that the Tobacco Products Control Act was unconstitutional.
This case involved person-to-person marketing techniques prohibited under a TAPS ban. The Court found that the hazards of smoking far outweigh the interests of smokers, and that South Africa is obliged to observe the WHO FCTC.

Resources

Sources

Campaign for Tobacco-Free Kids. Philip Morris Asia Limited v. Commonwealth of Australia (Procedural Order No.4) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Sinditabaco v. ANVISA – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Naya Bans Sarv Vyapar Assoc. v. India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Smoke Free Partnership. TPD negotiations successfully conclude with compromise agreement. [cited 2014 Oct 31].

Smyth B. Shadowy lobbying against Tobacco Products Directive. tobaccounpacked. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Rajat Industries v. Union of India – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Judicial Review of Law No. 36 of 2009, Ruling in Case No. 66 – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Philip Morris Norway v. Health and Care Services of Norway – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Baig v. Province of Punjab (WP No. 15814-2012) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. British American Tobacco of Peru S.A.C. v. Congress of the Republic – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Oct 31].

Campaign for Tobacco-Free Kids. Decision Search – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 2].

Campaign for Tobacco-Free Kids. Imperial Tobacco v. Lord Advocate (Scotland) – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. British American Tobacco South Africa (PTY) Limited v. Minister of Health, et al. – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Ceylon Tobacco v. Minister of Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. JT International (Thailand) v. Minister of Public Health – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Imperial Tobacco Ltd., Re Judicial Review – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Campaign for Tobacco-Free Kids. R.J. Reynolds v. Food & Drug Administration – Tobacco Control Laws. Tobacco Control Laws. [cited 2014 Nov 1].

Litigation Topics

Selected litigation cases by tobacco control topic, 2014

“WE HAVE THE PEOPLE, PATIENCE, PERSEVERANCE AND RESOLVE to work through even the most difficult litigation challenges.” —LOUIS C. CAMILLERI, Altria/Philip Morris chairman and chief executive officer at the 2003 Annual Meeting of Stockholders in Richmond, VA

Litigation: Canada

Litigation against tobacco: selected countries

Litigation: USA

Litigation against tobacco: selected countries

Litigation: Europe

Litigation against tobacco: selected countries

Litigation: Philippines and Indonesia

Litigation against tobacco: selected countries
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