Ceylon Tobacco v. Minister of Health

The Sri Lanka Ministry of Health passed a regulation requiring tobacco products to contain graphic pictorial health warnings on 80% of the pack.  The Ceylon Tobacco Company challenged the regulation as ultra vires the authority of the ministry and sought an interim order to stop the implementation of the regulation until their substantive challenge was concluded.  Here the Court of Appeal denied the tobacco company’s request to delay implementation of the regulation.  The court found the regulation was sufficiently clear for implementation.  The court said the timeline of the regulation provided sufficient time for implementation and the balance of convenience supported the Minister.

DOWNLOAD DOCUMENT

Ceylon Tobacco Company PLC v. Hon. Maithripala Sirisena, Minister of Health et. al. C.A. Application No.336/2012

  • Sri Lanka
  • Feb 22, 2013
  • Court of Appeal of Sri Lanka

Parties

Plaintiff Ceylon Tobacco Company PLC

Defendant

  • Dr. Nihal Jayathilaka, Secretary, Ministry of Health
  • Hon. Maithripala Sirisena, Minister of Health
  • National Authority on Tobacco and Alcohol

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None