TOBACCO CONTROL LAWS

Aviation West Corp. v. Washington State Dep't of Labor and Industries

Five tobacco companies and three private employers brought an action against the Department of Labor and Industries, claiming that a regulation promulgated by the Department to control exposure to environmental tobacco smoke (ETS) within enclosed workplaces was invalidly adopted. The Court upheld the validity of the regulation, finding that the administrative record and testimony of Department officials provided the requisite rationale in support of the regulation. The Court further concluded that the Department fulfilled its statutory obligations and acted rationally when promulgating the regulation.  In reaching this conclusion, the Court noted that scientific certainty of a health risk is not needed to take regulatory action.

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Aviation West Corporation, et al. v. Washington State Department of Labor and Industries, et al., 980 P.2d 701, 138 Wash.2d 413, Supreme Court of Washington (1999).

  • United States
  • Jul 8, 1999
  • Supreme Court of Washington

Parties

Plaintiff

  • American Tobacco Company
  • Aviation West Corporation
  • Brown and Williamson Tobacco Corporation
  • Competition Specialties, Inc.
  • Computer Group, Inc.
  • Lorillard Tobacco Company
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Company

Defendant

  • Mark Brown, Director
  • Washington State Department of Labor and Industries

Legislation Cited

WISHA Environmental Tobacco Smoke (ETS) Regulation

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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