TOBACCO CONTROL LAWS

Brenes Corrales v. Costa Rica, et al.

The plaintiff filed an appeal for legal protection, claiming that the production and sale of cigarettes cause serious damages to health and the environment.  The plaintiff demanded that the State, public agencies and private businesses prevent the sale of these products. The plaintiff additionally claimed that because he and his children suffered from asthma and he had experienced cardiorespiratory arrests allegedly related to health effects of tobacco smoke, his rights to life and equal protection were violated.  He argued that it is the State's obligation to ensure a clean environment. The Court dismissed his appeal arguing that smoking is a legal activity and found the current legislation to be proportional and reasonable. 

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Brenes Corrales v. Costa Rica, et al., Sentencia No. 014766, Expediente: 06-011928-0007-CO, Corte Suprema de Justicia [Supreme Court] (2006).

  • Costa Rica
  • Oct 6, 2006
  • Supreme Court (Corte Suprema de Justicia)

Parties

Plaintiff Manuel Antonio Brenes Corrales

Defendant

  • Costa Rican Social Security Office
  • Government of the Republic of Costa Rica
  • Ministry of Energy and Environment
  • Ministry of Health
  • Ministry of Transport and Public Works
  • Municipalities of Costa Rica

Legislation Cited

Law No. 7501 on Smoking Law Regulations

Related Documents

None

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

Cessation
Measures to promote cessation of tobacco use and adequate treatment for tobacco dependence. (See FCTC Art. 14)
Protection of Environment
Measures involving the environment and health of persons in respect to cultivation and manufacture within their territories. (See FCTC Art. 18)

Substantive Issues

Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
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.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
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.

Type of Tobacco Product

None

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