Pursuant to Article 7 and Article 9 of the World Health Organisation Framework Convention on Tobacco Control, the European Union passed Directive 2014/40 to regulate tobacco products. The Directive required cigarette packs to include graphic images of diseased human organs and banned menthol cigarettes. It also regulated electronic or “e-cigarettes” by limiting the amount of nicotine they could …Read more

In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more

Section 3(1)(a) of the Tobacco Products Control Act of 1993 (the “Act”) prohibited any person from “advertising” or “promoting” a tobacco product.  The appellant, a tobacco manufacturer, contended that this prohibition should not extend to its one-to-one communication with consenting adult consumers of tobacco products as it was an unconstitutional limit on both the appellant’s …Read more

The applicants, three individuals representing companies in the clove cigarette industry, alleged that the Government’s requirements for pictorial and written health warnings on cigarette packaging violated their rights under the 1945 Constitution (the “Constitution”). Article 114 of Law Number 36 of 2009 Concerning Health (the “Health Act”) classified nicotine as an addictive substance of tobacco, …Read more

Australia’s Tobacco Plain Packaging Act 2011 (“TPP Act”) imposed restrictions on the color, shape and finish of retail packaging for tobacco products. It prohibited the use of trade marks on such packaging other than the use of a brand, business or company name for the relevant tobacco product. Preexisting regulatory requirements for health messages and …Read more

The petitioner contended that restaurants in prohibition of Tobacco Act, 2003 and the Prohibition of Smoking in Public Places Rules, 2008 are running Hookah Bars. The petitioner prayed that the respondent be directed to incorporate in the license, compliance with the Tobacco Act as a condition.

5,000 Peruvian citizens presented an action before the Constitutional Court claiming the unconstitutionality of Article 3 of Law 28705, Law for the Prevention and Control of Tobacco Consumption Risks. This clause prohibits smoking in all health and educational establishments, public institutions, inside of work places, closed public places and any means of public transport, making …Read more

The plaintiff, a Mexican national, presented an appeal for legal protection against Mexico, arguing that modifications of the General Health Law (Ley General de Salud), which controlled and regulated tobacco advertising, constituted a violation of the constitutional right to health, as enshrined in Article 4 of the Constitution and falling within the scope of Article …Read more

The respondent plaintiff (continuing proceedings on behalf of her late husband) sued the appellant for negligently manufacturing and supplying tobacco products, which her husband smoked. She was also suing as a dependent widow. She further contended in support of her aggravated damages claim that the appellant company had a policy of destroying documents, which might …Read more

The Plaintiffs challenged Indonesian legislative provisions regulating health warnings on cigarette packaging. The impugned provision, Article 114 of Law No. 36 of 2009 Concerning Health (the Law), required health warnings on all cigarette packaging. The Explanation Provision in the legislation defined such a health warning as one that was easily readable, and one that “may” …Read more