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.
Ceylon Tobacco Company PLC v. Hon. Maithripala Sirisena, Minister of Health et. al. C.A. Application No.336/2012
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.
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)
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.
Type of Tobacco Product
None
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.
"The only other argument put forward by the Petitioner is that it is impossible for the Petitioner to comply with the requirements of the said regulation. Firstly, the Petitioner submitted that there is insufficient time for them to comply with the said regulation. In fact, the regulation was published on the 8th of August 2012, and the Petitioner was aware of its application from that date, and the said regulation will only be coming into operation on the 1st of March 2013. In those circumstances the Petitioner cannot claim that the Petitioner was not given adequate notice for the Petitioner to comply with the said regulation. Further, the Petitioner complains that certain requirements made in the said regulation cannot be fulfilled by the Petitioner due to lack of clarity, in particular, the 80% space that has to be covered in the package and the toxic contents that has to be included in the package. These matters have been clarified by the Minister, the 1st Respondent, by publishing an amended regulation, the said amended regulation was also published by Gazette notification dated 15th February 2013. This amended regulation facilitated the Petitioner and answers his concern in relation to the impossibility of complying with the said regulation and, in those circumstances this Court is of the view that the balance of convenience does not lie in favour of the Petitioner and there is no material to show that irreparable or irremediable mischief that would be caused to the Petitioner if an interim order is not issued in the given circumstances. Therefore, this Court refuses to issue an interim order, as prayed for, by the Petitioner in this Application."
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.
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.