Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.