TOBACCO CONTROL LAWS

Oribi v. British American Tobacco

An individual who smoked since 1985 and subsequently suffered detrimental health effects brought a suit against BAT claiming misrepresentation based on their health warnings on cigarette packs.  This ruling addresses BAT’s preliminary attempt to dismiss the claims on the grounds of a statute of limitations violation, failure to state a claim and frivolous litigation.  While the court is suspect of the merits of the misrepresentation claim, it holds that none of the grounds for dismissal are appropriate at this preliminary stage and the claimant should have an opportunity to make his case at trial.  The motions to dismiss are rejected.

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Oribi v. British American Tobacco, Misc. Application No. 0569 and Civil Suit No. 207 of 2000 High Court of Uganda

  • Uganda
  • Nov 24, 2000
  • High Court of Uganda at Kampala

Parties

Plaintiff Vincent Oribi

Defendant British American Tobacco

Legislation Cited

Related Documents

None

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Acceptance of Known Risk

A plaintiff’s liability may be limited where she has accepted the risks and consequences of her behavior.  The tobacco industry may argue that the dangers of smoking are well known, so liability should be limited.

Type of Tobacco Product

None

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