The above judgment combined two writ petitions that both dealt with the effect of tobacco advertisements on public health. The Petitioner in Writ Petition No. 1825 of 1999 was Prof. Nurul Islam, President of ADHUNIK (Aamra Dhumpan Nibaron Kori). Section 3 of the Tamakjato Shamogri Biponon Niontroner Jonno Pronito Ain, 1988 provided that all tobacco …Read more

The Petitioner was a public spirited individual who sought to ban tobacco advertising on television by bringing a public interest petition under article 184(3) of the Constitution of Pakistan. He contended that cigarette companies’ advertisements were being broadcast on television. He also argued that smoking was an unhealthy habit which was steadily increasing in Pakistan, …Read more

Two prominent tobacco companies challenged the constitutionality of the Tobacco Products Control Act (the Act), which regulated the advertisement of tobacco products and their requisite health warnings. They also challenged an amendment to the Tobacco Products Control Regulations (the Regulations) which imposed a total advertising ban, prohibited the use of tobacco trade marks on non-tobacco …Read more

The applicants, two tobacco companies in Canada, sought a stay in the form of interlocutory relief from compliance with the Tobacco Products Control Regulations, amendment until the Supreme Court renders its decision on the validity of the Tobacco Products Control Act (“the Act”). The Act came into force on January 1, 1989 with the purpose …Read more

This case considered whether Article 7 §2 of the law dated January 24, 1977 (“Article 7 §2”) from the Belgian Federal Parliament (governing the protection of consumer health with respect to nutritional foodstuff) or Article 13 of the decree dated December 2, 1982 (“Article 13”) from the Council of the French Community (restricting certain advertising …Read more

Article 7, § 2 of the law dated January 24, 1977 regulated the protection of consumer health and specifically gave the national legislature authority to regulate tobacco advertising. In 1980,  a special law was passed, which deemed the authority of the Communities under the Constitution to include the right to regulate “health education as well as …Read more

Prior to promulgation, the constitutionality of Articles 3, 4, 10 and 12 of the January 12, 1991 law no. 91-32, Loi relative à la lutte contre le tabagisme et l’alcoolisme (Law relating to the fight against smoking and alcoholism) was challenged in the Conseil Constitutionnel. The law, also known as the “Loi Évin” after its …Read more