TOBACCO CONTROL LAWS

Canada (Attorney General) v. JTI-Macdonald Corp., et al.

Tobacco companies challenged the constitutionality of a Canadian law increasing the size of tobacco warnings from 33% to 50% of the pack, as well as banning lifestyle advertising and promotion; advertising to young people; false or misleading advertising; and sponsorship. The Supreme Court upheld both the warning label requirements and the advertising bans, holding that public health outweighs the companies' freedom of expression.

Canada (Attorney General) v. JTI-Macdonald Corp. et al., [2007] 2 S.C.R. 610, Supreme Court of Canada (2007).

  • Canada
  • Jun 28, 2007
  • Supreme Court of Canada
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Parties

Plaintiff Attorney General of Canada

Defendant

  • Imperial Tobacco Canada Ltd.
  • JTI-Macdonald Corp.
  • Rothmans, Benson & Hedges Inc.

Third Party

  • Attorney General for Saskatchewan
  • Attorney General of British Columbia
  • Attorney General of Manitoba
  • Attorney General of New Brunswick
  • Attorney General of Ontario
  • Attorney General of Quebec
  • Canadian Cancer Society

Legislation Cited

Tobacco Products Information Regulations (as amended)

Tobacco and Vaping Products Act

Tobacco Products Control Act, S.C. 1988, c. 20.

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

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)
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 Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.

Type of Tobacco Product

None

"The reasonableness of the government’s requirement is supported by the fact that Australia, Belgium, Switzerland, Finland, Singapore and Brazil require warnings at least as large as Canada’s, and the minimum size in the European Union is 48 percent of the package. The WHO Framework Convention stipulates that warning labels “should” cover at least 50 percent and “shall” cover at least 30 percent of the package."
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