TOBACCO CONTROL LAWS

British American Tobacco of Peru S.A.C. v. Congress of the Republic

British American Tobacco of Peru sued the Congress of the Republic, challenging the prohibition on sales of tobacco packages containing less than 10 cigarettes alleging that such a prohibition violates the freedom of enterprise and industry. This decision, from the Specialized Constitutional Court of Lima, rejects British American Tobacco’s claim.  Significantly, the Court observed that the FCTC is a human rights treaty that ratifies the idea that economic freedoms should be limited in order to protect other rights, such as economic and social rights.

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British American Tobacco of Peru S.A.C. v. Congress of the Republic, No. 22881-2010, Specialized Constitutional Court of Lima (2012).

  • Peru
  • Jan 17, 2012
  • Specialized Constitutional Court of Lima
View Case History

Parties

Plaintiff British American Tobacco of Peru S.A.C.

Defendant Congress of the Republic

Legislation Cited

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

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)
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

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.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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