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Sinclair Collis Limited v. Lord Advocate for Scotland, et al. [United Kingdom] [May 13, 2011]
A tobacco vending machine company challenged the legality of a section of a tobacco control law prohibiting tobacco vending machines. The petitioner argued that the law violates the right to free movement of goods between EU member states and infringes their right to property. The court upheld the law, concluding that the law is valid because of its legitimate public interest in preventing young people from having access to cigarettes from vending machines.
NYC C.L.A.S.H., Inc. v. City of New York, et al. [United States] [April 21, 2004]
An association of smoking proponents challenged the constitutionality of tobacco control regulations in New York City that prohibit smoking in most indoor public places, including bars and restaurants. The Court found that the plaintiff had standing to bring the issue before the Court and that the issue was justiciable. The Court, however, granted the defendants' motion for summary judgment and disposed of the matter, finding that the regulations do not violate smokers' rights to association, assembly, speech, travel, equal protection, contract, or due process. The Court further held that the bans are not arbitrary but were rationally enacted based on scientific evidence to address legitimate state interests. (The attached copy of the court's decision was obtained from Action on Smoking and Health (ASH) (www.ash.org)).