Abal Hermanos, S.A. v. Uruguay

Abal Hermanos S.A., a PMI affiliate, challenged the constitutionality of Law No. 18256 arguing that it established an illegal delegation of powers to the Ministry of Health, which were used to unreasonably extend the health warnings to 80% of the principal display areas. According to the plaintiff, the health warning requirement was a violation of the right to property, including intellectual property. The Supreme Court rejected the challenge finding that the law was constitutional and that there was not illegal delegation but just a need to complement the law with the necessary regulations. The Supreme Court finds relevant that the challenged law is based in the FCTC, an international commitment undertaken by Uruguay.

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Abal Hermanos, S.A. v. Uruguay, Sentencia No. 1713, Suprema Corte de Justicia [Supreme Court] (2010).

  • Uruguay
  • Nov 17, 2010
  • Supreme Court (Supreme Court of Justice)

Parties

Plaintiff Abal Hermanos S.A.

Defendant Legislative Power of Uruguay

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None