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.
C.G.M. MBH brought this action prior to January 1, 1993 when a comprehensive tobacco advertising ban was due to come into effect in France. C.G.M. challenged a regulation that required health warnings to accompany tobacco advertisements and promotions. C.G.M. claimed that the Minister of Health exceeded his power because the regulation applied to direct or indirect promotion or advertising, while the authorizing statute only referred to "all promotion and advertising" without explicitly including indirect advertising. The court found that while the statute at issue did not specifically refer to indirect promotion or advertising, related laws did so, such that "all promotion and advertising" should be understood to include direct and indirect promotion and advertising. The court further found that the regulation was a proper exercise of the authority delegated to the Minister to implement the law and dismissed the challenge.