TOBACCO CONTROL LAWS

Brenes Corrales v. Ministry of Health, et al.

The plaintiff challenged the constitutionality of Regulatory Law on Smoking (Ley Reguladora del Fumado), a statute regulating advertisement of tobacco products, for not imposing a total ban on the promotion and marketing of an activity that is dangerous to people's health. He requested the establishment of a public policy that would allow for the proper protection of the right to health, the right to life and the right to a clean environment. The Court dismissed the claim arguing that the regulatory measures found in the present law were reasonable and proportional and that a complete prohibition could not be implemented. 

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Brenes Corrales v. Ministry of Health, et al., Sentencia 08587, Expediente: 03-007202-0007-CO,Corte Suprema de Justicia [Supreme Court](2006).

  • Costa Rica
  • Aug 19, 2003
  • Supreme Court (Corte Suprema de Justicia)

Parties

Plaintiff Manuel A. Brenes Corrales

Defendant

  • British American Tobacco, S.A.
  • Ministry of Environment and Energy
  • Ministry of Health
  • Ministry of Transport and Public Works
  • Social Security Office of Costa Rica
  • Tabacalera Costarricence, S.A.

Cited Legislation

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

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
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.

Type of Tobacco Product

None

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