Search Results Results 1-10 of 1074
BAT Uganda Ltd. v. Attorney General and the Minister of Health [Uganda] [February 01, 2021]
British American Tobacco Uganda (BATU) challenged Uganda's Tobacco Control Regulations, 2019. BATU's court submissions raised a number of substantive and procedural claims, including the insufficient time to implement warnings, size of warnings, ban on some misleading descriptors, and flavoring ban. BATU sought and was granted a temporary injunction suspending implementation of Regulations 3, 4, 5, and 6. However, BAT subsequently withdrew its complaint and the injunction was lifted.
Baldassare v. British American Tobacco Argentina [Argentina] [December 28, 2020]
The plaintiff brought an action against British American Tobacco (BAT) Argentina, seeking damages for all the health problems allegedly resulting from his use of tobacco products. In particular, he sought compensation for a heart attack he suffered. He claimed that when he began smoking, the advertisements were misleading and did not warn him about the possible health problems caused by the substances in cigarettes. The judge determined that: (i) the case was not time-barred, (ii) tobacco consumption was probably one of the reasons for the heart attack, and (iii) the victim did not assume the risks of smoking because he was not sufficiently well informed, as required by the country's consumer protection law, and because he was not free to direct his actions due to the addiction. The lower court determined that BAT had to pay compensatory damages and also a fine as punitive damages.
Public Ministry of Rio de Janeiro v. Rock World SA, Souza Cruz Ltda, and Vega Fina Tabacaria Eireli [Brazil] [November 02, 2020]
The Public Ministry in Rio de Janeiro presented a civil action against Rock World SA, Souza Cruz Ltda, and Vega Fina Tabacaria Eireli for illegal advertising in the festival "Rock in Rio" 2017. On November 2, 2020, the court concluded that the defendants engaged in unlawful advertising during the festival. The illegal advertising included (i) visually ostentatious advertising of smoking products and (ii) "mobile sellers.” On the other hand, the sale of a kit that included cigarettes and a lighter with the logo of "Rock in Rio" was not recognized as an illegal practice. The defendants were sanctioned as follows – (1) Defendants were fined R$ 2,000,000.00 for collective moral damages. For individual material and moral damages, each consumer will need to prove individually the actual damage suffered. (2) Defendants must carry out counter-advertising in partnership with public universities and hospitals informing consumers about the risks, prevention, and treatment of Chronic Obstructive Pulmonary Disease (COPD), and smoking cessation.
In addition to bringing this enforcement action against the illegal advertising that took place at the Rock in Rio 2017, the Public Ministry sought an interim judgment barring illegal promotional activities at the then upcoming Rock in Rio 2019 festival. In response to this request, the court issued a series of orders restricting the promotional activities at the 2019 festival.
Cubacigar Benelux NV v. State of the Netherlands (Ministry of Health, Welfare and Sport) [Netherlands] [June 30, 2020]
Cubacigar Benelux NV (Cubacigar) appealed a lower court decision upholding packaging restrictions contained in the Tobacco and Smoking Regulations. Specifically, Cubacigar had challenged restrictions limiting the use of metallic foils and embossing (“glitter and glamor” elements) on cigar boxes. The lower court held that these restrictions in the Tobacco and Smoking Regulations did not conflict with the EU Tobacco Products Directive. The court also determined that although the packaging requirements restricted the free movement of goods, the requirements were justified from a public health point of view because they are aimed at reducing the attractiveness of tobacco products. Further, the requirements of the principle of proportionality were also met.
On appeal, the Court of Appeal upheld the lower court's decision that the packaging requirements under the Tobacco and Smoking Regulations are in line with the EU Tobacco Products Directive. The Court concluded that the government presented sufficient evidence demonstrating that the measures are justified on grounds of public health protection and are proportionate.
Australia - Tobacco Plain Packaging Final Ruling [Australia] [June 09, 2020]
The Appellate Body of the World Trade Organization (WTO) issued its final ruling affirming that Australia’s pioneering law requiring plain packaging for tobacco products and finding it entirely consistent with WTO agreements. In particular, the WTO appeal ruling confirmed the original finding that the evidence shows that tobacco plain packaging laws "are apt to, and do in fact, contribute to Australia's objective of reducing the use of, and exposure to, tobacco products."
The appeal ruling also confirmed that:
- Tobacco plain packaging is not more trade-restrictive than is necessary to meet its legitimate public health objective.
- Trademark owners do not have a positive right to use their trademarks under WTO TRIPS agreement, but only the right to prevent third parties from using them.
- Tobacco plain packaging is a justified restriction on the use of trademarks and does not violate trademark protections.
Korea Electronic Cigarette Association v. Ministry of Health and Welfare [Republic of Korea] [March 17, 2020]
The Korea Electronic Cigarette Association challenged the constitutionality of the Ministry of Health and Welfare’s guidance urging the public to stop using e-cigarettes at least until a safety management system could be put into place and research into human toxicity was completed. The Constitutional Court ruled in favor of the Ministry of Health and Welfare, holding that the guidance did not infringe on e-cigarette companies' constitutional rights. The ministerial guidance did not amount to an "exercise of government power" because it had no direct legal effect on the rights and duties of the people and is, therefore, not subject to adjudication on a constitutional complaint.
La Prensa S.A. v. General Directorate of Public Health of the Ministry of Health [Panama] [March 05, 2020]
An amparo remedy was filed against Resolution No. 0573 of February 27, 2019, issued by the General Directorate of Public Health of the Ministry of Health. The resolution sanctioned La Prensa S.A. with a fine of B$ 10,000.00 for publishing a news article on IQOS sponsored by Philip Morris. The article was titled "NEW ALTERNATIVES COMING FOR ADULT SMOKERS". La Prensa was fined as a result of non-compliance with the total ban on tobacco advertising, promotion and sponsorship. La Prensa objected to the fine on the basis that its constitutional rights to be heard, to offer evidence, and to due process were violated. However, the Court declined to grant the amparo and upheld the sanction since the Ministry of Health acted according to its legal powers.
Dir. of CPI of SIC v. Coltabaco S.A.S. et al. [Colombia] [December 27, 2019]
In 2017, the Directorate of Consumer Protection Investigations of the Superintendence of Industry and Commerce ("SIC") opened an investigation following a complaint to prompt the SIC to stop IQOS marketing. The SIC issued a decision in the pending administrative investigation dismissing the complaint.
The SIC closed their decision after taking the following into consideration:
- The Ministry of Health asks for IQOS products to be treated as tobacco products.
- The SIC focused on the fact that only the tobacco sticks for heated tobacco products, as opposed to the IQOS device, are mandated to have health warnings.
- According to the SIC, IQOS does not fall under the authority of the tobacco control law in Colombia (Law No. 1335).
- IQOS marketing practices have not violated consumer protection regulations in Colombia.
Confederacao Nacional do Comercio de Bens, Servicos e Turismo v. Rio de Janeiro [Brazil] [December 20, 2019]
The National Confederation of Commerce of Goods, Services, and Tourism filed a lawsuit against Rio de Janeiro's tobacco control law on smoke-free environments, which banned smoking in public or private collective environments. The Court unanimously held that the state legislative assembly did not exceed its competence to legislate public health. The Court noted that local regulations could be more restrictive than the federal regulation. Further, the judges established that (i) freedom of commerce must be interpreted together with the principle of consumer protection and (ii) restrictions on products that are potentially dangerous are legitimate.
ASA Ruling on British American Tobacco UK Ltd. [United Kingdom] [December 18, 2019]
Following complaints by leading health organizations, the UK’s Advertising Standards Authority (ASA) ruled that British American Tobacco (BAT) can no longer use any public Instagram account to promote e-cigarettes in the UK. The ruling includes BAT’s use of influencer marketing to advertise e-cigarettes and orders BAT to remove unlawful e-cigarette advertising content currently on Instagram.
UK regulations clearly prohibit online advertising of e-cigarettes, but allow a manufacturer to provide factual product information such as the name, content and price of the product on its own websites. The ASA ruling has clarified that public social media accounts, like @govype run by BAT, are not analogous to a website, and therefore, neither factual nor promotional content for e-cigarettes is permitted.