TOBACCO CONTROL LAWS

British American Tobacco Belgium v. Belgium

Tobacco manufacturers requested both the annulment of and, in the interim, a suspension in the implementation of plain (or standardized) packaging. The court denied their request for a suspension, finding that there would be no irreversible damage to the manufacturers' reputations since they are still permitted to use their brand names on the new package format. The court also concluded that the transition period allotted by the legislation was sufficient in length. Finally, the manufacturers failed to prove that they would incur financial consequences large enough to justify suspension of implementation.

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British American Tobacco Belgium, et al. v. Belgium, Arrêt n° 246.452 du 18 decembre 2019, Conseil d'Etat [Council of State] (2019).

  • Belgium
  • Dec 18, 2019
  • Council of State, Administrative Litigation Section

Parties

Plaintiff

  • British American Tobacco Belgium
  • British American Tobacco Brands Inc.
  • Dunhill Tobacco of London Limited
  • Tabacofina - Vander Elst

Defendant Belgium

Legislation Cited

Royal Order of April 13, 2019 on the Standardized Packaging of Cigarettes, Roll-Your-Own Tobacco, and Water Pipe Tobacco

Ministerial Order of April 16, 2019 on the Conditions of Neutral and Uniform Unit and Outer Packaging of Cigarettes, Roll-Your-Own Tobacco, and Water Pipe Tobacco

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

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)

Substantive Issues

Intellectual Property Violation
Regulations may infringe on intellectual property rights, which may be protected by international treaties. The industry may argue that bans on "deceptive" packaging that eliminate the use of colors, numbers or trademarks threaten intellectual property rights.

Type of Tobacco Product

None

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